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SECRET  JOURNALS 


THE  ACTS  AND  PROCEEDINGS 


CONGRESS, 


FROM    THE    FIRST     MEETING     THEREOF     TO     THE    DISSOLUTION" 

OF    THE    CONFEDERATION,    BY    THE    ADOPTION 

OF    THE    CONSTITUTION  OF    THE 

UNITED    STATES. 


Published  under  the  direction  of  the  President  of  the  United  States,  conformably  t" 
Resolution  of  Congress  of  March  27,  1818,  and  April  21,  1820. 


VOL.  I. 


BOSTON: 


PRINTED   AND    PUBLISHED    BY    THOMAS   B.    WAIT. 

1820. 


<". 


J 10 

A3? 


v  v. 


SECRET  JOURNALS 


OF    THE 


CONGRESS  OF  THE  CONFEDERATION 


DOMESTICK  AFFAIRS. 


HISTORY  OF  THE  CONFEDERATION. 


RESOLUTION  OF  CONGRESS  OF  MARCH  27,  1818. 

Resolution  directing  the  Publication  and  Distribution  of  the  Journal 
and  Proceedings  of  the  Convention  which  formed  the  present  Con- 
stitution of  the  United  States. 

ICesolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  Journal  of  the  Convention  which  formed  the  present  Con- 
stitution of  the  United  States,  now  remaining  in  the  office  of 
the  Secretary  of  State,  and  all  Acts  and  Proceedings  of  that 
Convention,  which  are  in  possession  of  the  government  of 
the  United  States,  be  published  under  the  direction  of  the 
President  of  the  United  States,  together  with  the  Secret  Jour- 
nals of  the  Acts  and  Proceedings,  and  the  Foreign  Corres- 
pondence of  the  Congress  of  the  United  States,  from  the  first 
meeting  thereof  down  to  the  date  of  the  ratification  of  the  de- 
finitive treaty  of  peace  between  Great  Britain  and  the  United 
States,  in  the  year  seventeen  hundred  and  eighty-three,  ex- 
cept such  parts  of  the  said  foreign  correspondence  as  the  Pre- 
sident of  the  United  States  may  deem  it  improper  at  this  time 
to  publish.  And  that  one  thousand  copies  thereof  be  printed, 
of  which  one  copy  shall  be  furnished  to  each  member  ot  the 
present  Congress,  and  the  residue  shall  remain  subject  to  the 
future  disposition  of  Congress. 

[Approved  March  27,  1818.] 


RESOLUTION  OF  CONGRESS  OF  APRIL  21,  1820. 

Resolution  to  authorize  the  Publication  of  part  of  the  Secret  Journal  ot" 
Congress,  under  the  Articles  of  Confederation. 

Hesolved  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  Secret  Journal,  together  with  all  the  Papers  and  Docu- 


vi  RESOLUTIONS  OF  CONGRESS. 

merits  connected  with  that  Journal,  and  all  other  Papers  and 
Documents,  heretofore  considered  confidential,  of  the  old  Con- 
gress, from  the  date  of  the  ratification  of  the  definitive  treaty 
of  peace  between  the  United  States  and  Great  Britain,  in  the 
year  one  thousand  seven  hundred  and  eighty-three,  to  the 
formation  of  the  present  government,  now  remaining  in  the 
office  of  the  Secretary  of  State,  be  published,  under  the  direc- 
tion of  the  President  of  the  United  States,  and  that  a  thou- 
sand copies  thereof  be  printed  and  deposited  in  the  library, 
subject  to  the  disposition  of  Congress. 

[Approved  April  21,  1820.] 


ADVERTISEMENT. 


The  Secret  Journals  of  the  Congress  of  the  Confede- 
ration, directed  by  the  foregoing  resolutions  to  be  pub- 
lished, are  at  the  Department  of  State  in  five  manu- 
script volumes.  The  Journals  of  Proceedings  relating 
to  Domestick  Affairs,  are  in  one  separate  volume,  and 
the  History  of  the  Confederation  in  another.  Of  the 
latter,  the  projected  articles  presented  by  Dr.  Franklin, 
on  the  21st  of  July,  1775;  those  reported  in  the  hand- 
writingof  J.  Dickinson,  on  the  12th  of  July,  1776  ;  and 
those  reported  in  a  new  draft  on  the  20th  of  August, 
1776,  by  the  committee  of  the  whole,  were  kept  secret, 
and  have  never  before  been  published.  The  proceed- 
ings subsequent  to  the  8th  of  April,  1777,  when  this 
report  of  the  committee  of  the  whole  was  taken  up 
and  debated  in  Congress,  were  published  from  time  to 
time  in  the  publick  journals  ;  but  never  having  been 
collected  in  one  compilation,  and  being  scattered 
through  several  of  the  volumes  of  the  publick  journals, 
which  are  now  quite  out  of  print,  it  has  been  thought 
most  consistent  with  the  intention  of  the  resolutions  to 


vni  ADVERTISEMENT. 

publish  (he  whole  of  this  manuscript.  The  Journal 
of  Foreign  Affairs  is  at  the  Department  in  three  vo- 
lumes ;  the  last  of  which  is  not  entirely  filled,  the  jour- 
nal closing  on  the  16th  of  September,  1788.  On  the 
13lh  of  the  same  month  the  resolution  had  passed 
for  the  organization  of  the  new  government,  and  for 
the  meeting  of  the  Congress  under  the  constitution 
of  the  United  States  on  the  first  Wednesday  of  the 
ensuing  March.  The  tenth  of  October,  1788,  was 
the  last  day  upon  which  the  Congress  of  the  con- 
federation met  in  numbers  sufficient  to  form  a  quorum. 

Department  of  Slate,  August,  1 820. 


SECRET    JOURNAL. 


DOMESTICK  AFFAIRS. 


Philadelphia,  Wednesday,  May  10,  1775. 

A  number  of  delegates  from  the  colonies  of  New 
Hampshire,  Massachusetts,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir- 
ginia, North  Carolina,  South  Carolina,  agreeably  to 
their  appointment  and  the  orders  received  from  their 
respective  colonies,  met  at  Philadelphia,  viz. — from 

New  Hampshire,  Mr.  John  Sullivan,  and 
Mr.  John  Langdon. 

Massachusetts,  Mr.  John  Hancock, 

Mr.  Thomas  Cushing, 
Mr.  Samuel  Adams, 
Mr.  John  Adams,  and 
Mr.  Robert  Treat  Paine. 

Connecticut,       Mr.  Eliphalet  Dyer, 

Mr.  Roger  Sherman,  and 
Mr.  Silas  Deane. 

VOL.    I.  2 


1U 

New  York, 
New  Jersey, 


foECRET  JOURNAL. 

Mr.  Philip  Livingston, 
Mr.  J  .ir\(v.  Diane,  and 
.  Bfcr,  John  AJso». 

Mr.  James  Kinsey, 
Mr.  Stephen  Crane, 
Mr.  William  Livingston, 
Mr.  John  De  Hart,  and 
Mr.  Richard  Smith. 


[May  10, 


Pennsylvania, 


Delaware 

CoUNTIEb, 


Maryland, 


Mr.  Edward  Biddle, 

Mr.  John  Dickinson, 

Mr.  Thomas  Mifflin, 

Mr.  Charles  Humphreys, 

Mr.  John  Morton, 

Mr.  George  Ross, 

Mr.  Benjamin  Franklin,  and 

Mr.  Thomas  Willing. 

Mr.  Ccesar  Rodney, 

Mr.  Thomas  MTlean,  and 

Mr.  George  Read. 

Mr.  Matthew  Tilghman, 
Mr.  Thomas  Johnson, 
Mr.  William  Paca, 
Mr.  Samuel  Chase,  and 
Mr.  John  Hall. 


Virginia,  Mr.  Peyton  Randolph, 

Mr.  George  Washington, 
Mr.  Richard  Henry  Lee. 


1775.]  DOMESTICK  AFFAIRS.  11 

Virginia,  Mr.  Edward  Pendleton, 

Mr.  Benjamin  Harrison,  and 
Mr.  Richard  Bland. 

North  Carolina,  Mr.  William  Hooper, 
Mr.  Joseph  Hews,  and 
Mr.  Richard  Caswell. 

Sowth  Carolina,  Mr.  Henry  Middleton, 
Mr.  Thomas  Lvnrh, 
Mr.  Christopher  Cadsden, 
M'".  John  Rutledge,  and 
Mr.  Edward  Rutledge. 

The  memhers  being  convened  in  the  state  house, 
proceeded  to  the  choice  of  a  President :  when  upon 
motion, 

The  honourable  Peyton  Randolph  was  unanimously 
chosen  President. 

After  the  President  was  seated, 

Mr.  Charles  Thomson  was  unanimously  chosen 
Secretary. 

Ordered,  That  the  Rev.  Mr.  Duche  be  requested  to 
open  the  Congress  with  prayers  to-morrow  morning, 
and  that  Mr.  Willing,  Mr.  Sullivan,  and  Mr.  Bland,  be 
a  committee  to  wait  on  Mr.  Duche,  and  acquaint  him 
of  the  request  of  the  Congress. 

Adjourned  till  to-morrow  morning,  11  o'clock. 

MAY  19,  1775. 

Congress  then  resolved  themselves  into  a  commit- 
tee of  the  whole,  to  take  into  consideration  the  statG 
of  America. 


«  SECRET  JOURNAL.  [May  25, 

And  after  some  time  spent  therein,  the  President 
resumed  the  chair;  and  Mr.  Ward  reported  from  the 
committee,  That  they  had  proceeded  in  the  business; 
but  not  having  come  to  a  conclusion,  desired  him  to 
move  for  leave  to  sit  again. 

Resolved.  That  this  Congress  will  to-morrow  again 
resolve  itself  into  a  committee  of  the  whole  to  take 
into  their  further  consideration  the  state  of  America. 

MAY  25,  1775. 

The  Congress  met  according  to  adjournment ;  and 
agreeably  to  the  order  of  the  day,  again  resolved  itself 
into  a  committee  of  the  whole,  to  lake  into  their  fur- 
ther  consideration  the  state  of  America. 

And  after  some  time  spent  therein  the  President  re- 
sumed the  chair;  and  Mr.  Ward  reported  from  the 
committee,  That  they  had  come  to  certain  resolutions 
respecting  New  York,  which  he  was  desired  to  re- 
port; but  not  having  gone  through  the  rest  of  the 
business  referred  to  them,  the  committee  desired  him 
to  move  for  leave  to  sit  again. 

Thp  resolutions  being  severally  read  and  agreed  to, 
arc  as  follows  : 

Resolved,  That  a  post  be  immediately  taken,  and 
fortified,  at  or  near  King's  Bridge,  in  the  colony  of 
New  York;  that  the  ground  be  chosen  wilh  a  parti- 
cular view  to  prevent  the  communication  between  the 
city  of  New  York  and  the  country  from  being  inter- 
rupted by  land. 

Resolved,  That  a  post  be  also  taken  in  the  highlands, 
on  each  side  of  Hudson's  river;  and  batteries  erected 


1775.]  DOMESTICK  AFFAIRS.  J I 

in  such  manner  as  will  most  effectually  prevent  any 
vessels  passing,  that  may  be  sent  to  harass  the  inha- 
bitants on  the  borders  of  said  river;  and  that  experi- 
enced persons  be  immediately  sent  to  examine  said 
river,  in  order  to  discover  where  it  will  be  most  advi- 
sable and  proper  to  obstruct  the  navigation. 

That  it  be  left  to  the  provincial  congress  of  New 
York  to  determine  the  number  of  men  sufficient  to  oc- 
cupy the  several  posts  above  mentioned,  and  also 
that  already  recommended  to  be  taken  at  or  near 
lake  George,  as  well  as  to  guard  the  city  ;  provided 
the  whole  do  not  exceed  the  number  of  three  thousand 
men,  to  be  commanded  by  such  officers  as  shall  there- 
unto be  appointed  by  said  provincial  congress,  and 
to  be  governed  by  such  rules  and  regulations  as  shall 
be  established  by  said  congress  until  further  order  is 
taken  by  this  Congress  ;  provided  also,  that  if  the 
said  provincial  congress  should  be  of  opinion  that  the 
number  proposed  will  not  be  sufficient  for  the  several 
services  above  recommended,  that  the  said  congress 
report  their  sentiments  upon  this  subject  to  this  Con- 
gress as  soon  as  may  be. 

That  it  be  recommended  to  the  said  provincial  con- 
gress, that  in  raising  those  forces  they  allow  no  boun- 
ties or  clothing  ;  and  that  their  pay  shall  not  exceed 
the  establishment  of  the  New  England  colonies. 

That  it  be  further  recommended  to  the  provincial 
congress  aforesaid,  that  the  troops  to  be  enlisted  do 
serve  until  the  last  day  of  December  next,  unless  this 
Congress  shall  direct  that  they  be  sooner  disbanded. 

A  motion  being  made  for  an  addition  to  the  forego- 
ing  resolutions,  after  some  debate,  the  same  was  re- 


14  SECRET  JOURNAL.  [June  9, 

ferred  fill  to-morrow,    to  which   time  the  Congress 
adjourned. 

JUNE  3,  1775. 

Upon  motion, 

Resolved,  That  a  committee  be  appointed  for  the 
pose  of  borrowing  the  sum  of  six  thousand  pounds, 
for  the  use  of  America  ;  for  the  repayment  of  which, 
with  interest,  the  Congress  will  make  full  and  ample 
provision:  And  thai  the  said  committee  apply  the  said 
sum  of  money  to  the  purchase  of  gunpowder  for  the 
use  of  the  conlincntal  army. 

That  the  delegates  for  Pennsylvania  compose  said 
committee,  with  power  as  well  to  borrow  the  money 
as  to  apply  it  to  the  purpose  intended. 

JUNE  9,  1775. 

Upon  motion, 

Resolved,  That  this  Congress  will  to-morrow  take 
into  consideration  the  ways  and  means  of  raising  mo- 
ney. 

Resolved,  That  the  provincial  convention  of  New 
Fork  be  requested  to  convey,  as  soon  as  possible,  to 
Providence  in  Rhode  Inland,  or  to  any  port  in  the 
government  of  Massachusetts  Bay,  five  thousand  bar- 
rels of  flour  for  the  use  of  the  continental  army. 

Resolved,  That  the  committee  of  correspondence 
at  Providence,  and  in  the  government  of  Massachu- 
setts Bay,  where  the  said  flour  may  be  carried,  be 
desired  to  receive  and  forward  it  to  the  camp  before 


1775.]  DOMESTICK  AFFAIRS.  15 

Boston  as  soon  as  may  be;  and  to  lodge  such  part 
thereof  as  cannot  be  immediately  sent  thither,  in  pla- 
ces of  security. 

Resolved,  That  this  Congress  will  make  provision 
for  defraying  any  expense  incurred  for  this  service. 

Ordered,  That  a  copy  of  the  above  resolves  be 
immediately  transmitted  by  the  President,  to  the  con- 
vention of  New  York. 

JUNE  10,  1775. 

Resolved,  That  it  be,  and  it  is  hereby  earnP9tly  re- 
commended to  the  several  colonies  of  New  Hamp- 
shire, Rhode  Island,  Connecticut,  and  the  interior 
towns  of  Massachusetts  Biy,  that  they  immediately 
furnish  the  American  army  before  Boston  with  as 
much  powder  out  of  their  town,  and  other  publick 
stocks,  as  they  can  possibly  spare  ;  keeping  an  exact 
account  of  the  quantities  supplied,  that  it  may  be 
again  replaced,  or  paid  for  by  the  continent.  This  to 
be  effected  with  the  utmost  secrecy  and  despatch. 

JUNE  16,  1775. 

Resolved,  That  the  provincial  convention  of  New 
York  be  desired  immediately  to  apply  to  governour 
Trumbull,  to  order  the  Connecticut  troops  now  sta- 
tioned at  Greenwich,  Stanford,  and  parts  adjacent,  to 
march  towards  New  York ;  and  that  part  of  them  oc- 
cupy such  posts  upon  that  island,  as  the  said  provin- 
cial convention  shall  judge  best  adapted  to  prevent 
the  communication   between    the  town   and  country 


M  SECRET  JOURNAL.  [June  19, 

from  being  cut  off;  the  remainder  of  the  troops  to  be 
employed  in  securing  the  navigation  of  Hudson's  ri- 
ver, by  erecting  batteries  at  such  places  as  the  said 
convention  shall  judge  most  proper  to  answer  that  pur- 
pose. 

JUNE   19,  1775. 

After  the  words  "  That  no  effort  in  his  power  shall 
"  be  wanting  lo  serve  the  American  cause,"  add,  but 
before  he  entered  upon  the  service,  he  desired  a  con- 
ference with  a  committee  lo  consist  of  one  delegate 
from  each  of  the  associated  colonies,  to  whom  he  de- 
sired to  explain  some  particulars  respecting  his  pri- 
vate fortune. 

Whereupon,  Mr.  Sullivan,  Mr.  S.  Adams,  Mr.  Hop- 
kins, Mr.  Dyer,  Mr.  P.  Livingston,  Mr.  W.  Living- 
ston, Mr.  Ross,  Mr.  Rodney,  Mr.  Johnson,  Mr.  Hen- 
ry, Mr.  Caswell,  and  Mr.  Lynch,  were  appointed  as 
a  committee  to  confer  with  general  Lee. 

The  committee  returned  and  reported,  that  they  had 
confered  with  general  Lee,  who  had  communicated  to 
them  an  estimate  of  the  estate  he  risked  by  this 
service.     Whereupon, 

Resolved,  That  these  colonies  will  indemnify  gene- 
ra! Lee  for  any  loss  of  property  which  he  may  sus- 
tain by  entering  into  their  service,  and  that  the  same 
be  done  by  this,  or  any  future  Congress,  as  soon  as 
such  loss  is  ascertained. 


1775.]  DOMESTICK  AFFAIRS.  17 

JUNE   20,    1775. 

TO  GEORGE  WASHINGTON,  ESQ. 

This  Congress  having  appointed  you  to  be  general 
and  commander  in  chief  of  the  army  of  the  United 
Colonies,  of  all  the  forces  raised  or  to  be  raised  by 
them,  and  of  all  others  who  shall  voluntarily  offer 
their  service,  and  join  the  said  army  for  the  defence  of 
American  liberty,  and  for  repelling  every  hostile  inva- 
sion thereof — you  are  to  repair  with  all  expedition 
to  the  colony  of  Massachusetts  Bay,  and  take  charge 
of  the  army  of  the  United  Colonies. 

FOR    YOUR    BETTER    DIRECTION   : 

1.  You  are  to  make  a  return  to  us  as  soon  as  possi- 
ble of  all  forces  which  you  shall  have  under  your  com- 
mand, together  with  their  military  stores  and  provi- 
sions ;  and  also  as  exact  an  account  as  you  can  obtain 
of  the  forces  which  compose  the  British  army  in  Ame- 
rica. 

2.  You  are  not  to  disband  any  of  the  men  you  find 
raised  until  further  direction  from  this  Congress  ;  and 
if  you  shall  think  their  numbers  not  adequate  to  the 
purpose  of  security,  you  may  recruit  them  to  a  num- 
ber you  shall  think  sufficient,  not  exceeding  double 
that  of  the  enemy. 

3.  In  all  cases  of  vacancy  occasioned  by  the  death 
or  removal  of  a  colonel,  or  other  inferior  officer,  \ou 
are  by  brevet,  or  warrant  under  your  seal,  to  appoint 

VOL.    1.  3 


18  SECRET  JOURNAL.  [June  26, 

another  person  to  fill  up  such  vacancy,  until  it  shall 
otherwise  be  ordered  by  the  provincial  convention,  or 
the  assembly  of  the  colony  from  whence  the  troops  in 
which  such  vacancy  happen,  shall  direct  otherwise. 

4.  You  are  to  victual  at  the  continental  expense,  all 
such  volunteers  as  have  joined  or  shall  join  the  united 

army. 

5.  You  shall  take  every  method  in  your  power,  con- 
sistent with  prudence,  to  destroy  or  make  prisoners  of 
all  persons  who  now  are,  or  who  hereafter  shall  ap- 
pear in  arms  against  the  good  people  of  the  United 
Colonics. 

G.  And  whereas  all  particulars  cannot  be  foreseen, 
nor  positive  instructions  for  such  emergencies  so  be- 
fore hand  given,  but  that  many  things  must  be  left  to 
your  prudent  and  discreet  management,  as  occurrences 
may  arise  upon  the  place,  or  from  time  to  time  fall 
out — you  are,  therefore,  upon  all  such  accidents,  or 
any  occasions  that  may  happen,  to  use  your  best  cir- 
cumspection ;  and,  advising  with  your  council  of  war, 
to  order  and  dispose  of  the  said  army  under  your  com- 
mand as  may  be  most  advantageous  for  the  obtaining 
the  end  for  which  these  forces  have  been  raised,  mak- 
ing it  your  special  care,  in  discharge  of  the  great 
trust  committed  unto  you,  that  the  liberties  of  Ameri- 
ca receive  no  detriment. 

JUNE  26,  1775. 

Upon  motion, 

Resolved,  That  the  delegates  of  Pennsylvania  be 
appointed  irom  this  Congress  to  wait  on  the  commit- 


1775.]  DOMESTICK  AFFAIRS.  in 

lee  of  the  city,  ami  to  request  of  them  that  n  supply 
of  powder  be  immediately  furnished  for  the  use  of  (lie 
fortifications  of  Ticondcroga  and  Crown  Point:  and 
sent  forward  immediately. 

JUNE  27,  1775. 

Resolved,  That  major  general  P.  Schuyler  be  di- 
rected to  repair,  as  soon  as  conveniently  he  can.  to 
the  posts  of  Ticonderoga  and  Crown  Point,  to  exa- 
mine into  the  state  thereof,  and  of  the  troops  now 
stationed  there,  and  how  they  are  supplied  with  provi- 
sion and  necessary  stores  ;  into  the  state  also  of  the 
sloop  and  other  navigation  on  the  lakes;  also  to  ob- 
tain the  best  intelligence  he  can  of  the  disposition  of 
the  Canadians  and  Indians  of  Canada  :  that  he  confer 
with  colonel  Hinman  and  colonel  Arnold  on  the  sub- 
ject of  colonel  Arnold's  letter  to  this  Congress;  and 
report  as  soon  as  possible  the  stale  of  the  whole,  as 
near  as  it  can  be  ascertained,  to  this  Congress  :  and 
that  he  give  orders  for  the  necessary  preparation  of 
boats  and  stores  for  securing  to  the  United  Colonies 
the  command  of  those  waters  adjacent  to  Crown 
Point  and  Ticonderoga. 

Resolved,  That  as  governour  Carlton  is  making 
preparations  to  invade  these  colonies,  and  is  instigat- 
ing the  Indian  nations  to  take  up  the  hatchet  against 
them,  major  general  Schuyler  do  exert  his  utmost 
power  to  destroy  or  take  all  vessels,  boats  or  floating 
batteries  preparing  by  said  governour,  or  by  his  or- 
der, on  or  near  the  waters  of  the  lakes. 


20  SECRET  JOURNAL.  [July  1, 

Resolved,  That  if  general  Schuyler  finds  it  practi- 
cable, and  that  it  will  not  be  disagreeable  to  the  Ca- 
nadians, he  do  immediately  take  possession  of  St. 
Johns,  Montreal,  and  any  other  parts  of  the  country, 
and  pursue  any  other  measures  in  Canada  which  may 
have  a  tendency  to  promote  the  peace  and  security  of 
the.se  colonies. 

Resolved,  That  if  general  Schuyler  shall  have  oc- 
casion for  a  larger  quantity  of  ready  money  and  ammu- 
nition, for  carrying  on  such  expedition,  than  he  can  in 
convenient  time  procure  from  the  provincial  conven- 
tion of  the  colony  of  New  York,  that  he  do  in  such 
case  apply  to  the  governour  of  Connecticut  for  such 
supplies  as  may  be  necessary,  and  can  be  furnished  by 
that  colony  ;  and  that  governour  Trumbull  be  desired 
to  furnish  such  supplies;  and  this  Congress  will  make 
provision  for  reimbursing  the  same. 

JULY   1,  1775. 

Resolved,  That  general  Schuyler  be  directed  not  to 
remove  general  Wooster,  or  the  troops  under  his  com- 
mand, from  New  York;  but  that  he  raise  as  many  of 
the  Green  Mountain  boys,  under  such  officers  as  they 
shall  choose,  with  such  other  men  in  the  vicinity  of 
Ticondcroga  as  will  be  necessary  to  carry  into  exe- 
cution the  resolutions  of  the  Congress  of  the  27th  of 
June  last,  transmitted  to  him. 

Ordered,  That  this  be  transmitted  to  general  Schuy- 
ler by  the  President. 


1775.]  DOMESTICK  AFFAIRS.  21 

JULY  11,  1775. 

On  motion, 

Resolved,  That  the  delegates  from  Pennsylvania 
have  liberty  to  treat  with,  and  employ,  fifty  hussars, 
who  have  been  in  actual  service,  and  send  them  for- 
ward to  join  the  troops  before  Boston,  under  general 
Washington. 

JULY  17,  1775. 

Resolved,  That  the  President  write  to  general 
Wooster,  directing  him  to  send,  in  the  most  expedi- 
tious manner,  one  thousand  of  the  Connecticut  forces 
under  his  command  to  Albany,  there  to  remain  en- 
camped until  they  shall  receive  orders  from  general 
Schuyler  as  to  their  future  proceedings. 

Upon  motion, 

Resolved,  That  Mr.  Cushing,  Mr.  Henry,  and  Mr. 
Deane,  be  a  committee  to  confer  with  Mr.  Kirkland, 
and  report  what  in  their  opinion  is  an  adequate  com- 
pensation for  his  services  among  the  Indians. 

The  address  from  the  deputies  of  the  several  pa- 
rishes of  the  islands  of  Bermuda  being  again  read — 

Ordered,  That  the  President  return  them  an  an- 
swer, acknowledging  the  receipt  of  the  address,  and 
informing  them  that  it  will  be  considered  ;  and  desir- 
ing them  to  send  an  account  of  the  provisions  imported 
for  some  years  past  for  the  use  of  the  inhabitants  of 
that  island ;  and  also  enclose  them  a  copy  of  a  re- 


22  SECRET  JOURNAL.  [July  19, 

solve  entered  into  on  Saturday  last,  respecting  the 
importation  of  gunpowder,  <foc. 

The  committer  appointed  to  confer  with  Mr.  Kirk- 
land  brought  in  their  report,  which,  being  taken  into 
consideration, 

Resolved,  That  there  be,  and  there  is  hereby  al- 
lowed to  the  reverend  Mr.  Samuel  Kirkland,  three 
hundred  dollars  to  diseharge  the  expenses  he  has  been 
at  among  the  Indians  of  the  Six  Nations,  to  defray  the 
expenses  of  his  journey  from  and  to  the  Oneida  coun- 
try, and  that  he  receive  the  same  out  of  the  continen- 
tal treasury. 

And  it  is  hereby  recommended  to  the  commission- 
ers of  the  northern  department,  to  employ  the  said 
Mr.  Kirkland  among  the  Indians  of  the  Six  Nations,  in 
order  to  secure  their  friendship,  and  to  continue  them 
in  a  state  of  neutrality  with  respect  to  the  present 
controversy  between  Great  Britain  and  these  colo- 
nies. 

JULY  19,  1775. 

That  a  company  of  matrosses  be  raised  in  the  city 
of  Philadelphia,  and  sent  to  Boston. 

That  a  committee  of  three  be  appointed  to  devise 
ways  and  means  of  raising  the  above  company. 

The  committee  chosen  are  Mr.  Lynch,  Mr.  Lee. 
and  Mr.  Gadsden. 

That  the  President  be  desired  to  write  to  the  pow- 
der committees,  or  committees  of  safety,  in  this  city 
and  New  York  (where  it  said  a  supply  of  powder  is 
lately  arrived)  to  forward  to  the  camp  as  much  gun- 
powder as  they  can  spare. 


1775.]  DOMESTICK  AFFAIRS.  23 


JULY  25,    1775. 

The  Congress  being  informed  that  a  quantity  of  the 
continental  gunpowder,  amounting  to  about  six  tons 
and  half,  was  arrived  in  this  city — 

Ordered,  That  the  delegates  of  this  colony  take 
measures  to  have  it  sent  under  a  safe  convoy  wiih  all 
possible  despatch  to  general  Washington,  at  the  camp 
before  Boston. 

That  the  delegates  be  empowered  to  order  a  detach- 
ment of  the  riflemen  raised  for  the  continental  army, 
consisting  of  at  least  two  officers  and  thirty  men,  to 
meet  the  powder  waggons  at  Trenton,  and  from  thence 
to  escort  the  same  to  the  camp. 

JULY  27,   1775. 

On  motion, 

Resolved,  That  the  sum  of  twenty-five  thousand 
dollars  be  paid  by  the  continental  treasurers  to  Reese 
Meredith,  George  Clymer,  Samuel  Meredith,  and 
Samuel  Mifflin,  merchants,  of  the  city  of  Philadel- 
phia; and  that  the  like  sum  of  twenty-five  thousand 
dollars  be  paid  by  the  said  treasurers  to  Philip  Liv- 
ingston, John  Alsop,  and  Francis  Lewis,  merchants, 
of  New  York,  to  be  by  them  applied  to  the  purpose 
of  importing  gunpowder  for  the  continental  armies  ; 
and  that  they  be  allowed  out  of  the  same  five  per 
cent,  for  their  trouble  and  expenses  therein :  That 
they  keep  all  their  proceedings,  as  much  as  possible,  a 
secret  from  every  other  person,  but  the  Congress,  and 


24  SECRET  JOURNAL.  [Aug.  1, 

the  general  of  the  continental  forces  for  the  time  be- 
ing:  That  they  keep  up  a  correspondence  with  the 
said  general;  and  make  such  dispositions  of  the  pow- 
der they  may  import,  as  he  shall  order. 

JULY  28,  1775. 

The  Congress  being  informed  that  a  quantity  of 
gunpowder  belonging  to  the  continent  is  arrived  in 
some  part  of  New  Jersey — 

Ordered,  That  the  delegates  of  New  Jersey  do 
lake  care  that  the  said  powder  be  safely  conveyed  to 
Dobb's  ferry  on  the  North  river. 

On  motion  made, 

Ordered,  That  the  colony  of  Virginia  be  supplied 
with  one  ton  of  gunpowder  from  the  next  quantity  ar- 
riving here  ;  and  that  from  the  same  supply  Pennsyl- 
vania be  repaid  the  powder  heretofore  borrowed  by 
the  Congress,  if  the  same  shall  not  be  wanted  by  ge- 
neral Washington. 

JULY  29,  1775. 

Two  petitions  were  laid  before  the  Congress  re- 
specting disputes  between  the  people  of  Connecticut 
and  Pennsylvania,  on  lands  lying  on  the  waters  of 
Susquehanna  ;  and  the  same  being  read — 

Ordered  to  lie  on  the  table  for  the  perusal  of  the 
members. 

AUGUST  1,  1775. 

Resolved,  That  the  sum  of  two  hundred  and  ninety- 
three  dollars  be  paid  to  the  delegates  of  South  Caroli- 


1775.]  DOMESTICK  AFFAIRS.  26 

na  for  the  expense  and  freight  of  transporting  a  quan- 
tity of  powder  from  South  Carolina  to  this  place,  by 
order  of  Congress. 

Resolved,  That  out  of  the  powder  belonging  to  the 
continent  now  in  this  city,  five  tons  be  sent  to  general 
Washington,  in  the  speediest  and  safest  manner,  by 
the  delegates  of  the  colony  of  Pennsylvania. 

That  out  of  the  next  that  arrives,  the  delegates  of 
New  Jersey  be  allowed  to  purchase  one  thousand 
pounds  for  the  use  of  the  western  parts  of  their  colo- 
ny ;  and  that  the  delegates  of  the  lower  counties  on 
Delaware  be  allowed  to  purchase  one  thousand  pounds 
for  the  use  of  said  counties. 

That  out  of  the  same  parcel  the  quantity  of  one 
ton  be  reserved  for  North  Carolina,  to  be  lodged  in 
the  magazine  of  New  York,  and  delivered  to  the  or- 
der of  the  speaker  of  the  assembly,  or  president  of 
the  convention  of  North  Carolina  ;  provided,  the  ne- 
cessity of  general  Washington  and  general  Schuyler 
will  admit. 

The  Congress  resumed  the  consideration  of  the 
petitions  respecting  the  disputes  between  the  people 
of  Connecticut  and  Pennsylvania  ;  and  after  some 
debate, 

Resolved,  That  the  farther  consideration  of  this 
matter  be  referred  to  the  next  meeting  of  this  Con- 
gress. 

The  Congress  having  reconsidered  a  resolve  passed 
the  11th  July,  respecting  the  employing  of  fifty  hus- 
sars— 

Resolved,  That  the  delegates  of  this  province  be 
desired  not  to  proceed  in  executing  said  resolve;  and 
vor,.  I.  4 


26  SECRET  JOURNAL.  [Sept.  18, 

if  any  hussars  are  engaged  or  enlisted,  to  discharge 
the  same  ;  and  that  the  said  delegates  settle  and  pay 
any  expenses  already  incurred  in  consequence  of  the. 
former  resolve  ;  and  report  their  proceeding  to  the 
Congress  at  their  next  meeting. 

SEPTEMBER  14,  1775. 

Congress  resumed  the  consideration  of  the  letter  of 
the  6th  instant,  from  Messrs.  L.  Morris  and  J.  Wilson, 
at  Pittsburg. 

Resolved,  That  the  enterprise  proposed  in  their 
letter  be  not  undertaken. 


SEPTEMBER  18,  1775. 

Resolved,  That  a  secret  committee  be  appointed  to 
contract  for  the  importation  and  delivery  of  a  quan- 
tity of  gunpowder,  not  exceeding  five  hundred  tons. 

That  in  case  such  a  quantity  of  gunpowder  cannot 
be  procured,  to  contract  for  the  importation  of  so 
much  saltpetre,  with  a  proportionable  quantity  of 
sulphur,  as,  with  the  powder  procured,  will  make  five 
hundred  tons. 

That  the  said  committee  be  empowered  to  contract 
for  the  importation  of  forty  brass  field  pieces,  six 
pounders  ;  for  ten  thousand  stand  of  arms,  and  twenty 
thousand  good  plain  double  bridled  musket  locks. 

That  the  said  committee  be  empowered  to  draw  od 
the  treasurers  to  answer  said  contracts. 

That  the  said  committee  consist  of  nine,  any  five  of 
■\hom  to  be  a  quorum. 


1775.]  DOMESTICK  AFFAIRS. 


SEPTEMBER   19,  1775. 

The  members  chosen  for  the  secret  committee — Mr. 
Willing,  Mr.  Franklin,  Mr.  P.  Livingston,  Mr.  Alsop, 
Mr.  Deane,  Mr.  Dickinson,  Mr.  Langdon,Mr.  M'Kcan. 
and  Mr.  Ward, 

SEPTEMBER  21,  1775. 

Ordered,  That  the  President  write  to  general  Wash- 
ington, and  direct  him  to  order  colonel  Thompson  im- 
mediately to  send  to  the  Congress  an  account  of  the 
expenditure  of  five  thousand  dollars  paid  him  by  order 
of  the  Congress  on  the  29th  of  July,  being  in  advance 
for  the  service  of  a  battalion  of  riflemen  under  his 
command. 

The  Congress  proceeded  to  the  election  of  a  briga- 
dier general ;  and  the  ballots  being  examined,  it  was 
found  that  colonel  Armstrong  and  colonel  Fry  had  an 
equal  number  of  votes* 

SEPTEMBER  30,  1775. 

It  being  represented  to  Congress,  that  from  the  pre- 
sent situation  of  affairs,  and  the  correspondence  now 
carried  on  through  North  America,  if  the  rate  of 
postage  is  lowered,  agreeably  to  the  resolution  of  Con- 
gress, it  is  apprehended  the  proceeds  of  the  office  will 
not  support  the  necessary  riders  ;  and  as  the  people  in 
general  are  well  satisfied  with,  at  least  have  made  no 
complaints  in  regard  to  the  rates  lately  paid  for  the 
postage  of  letters — 


2»  SECRET  JOURNAL.  [Oct.  5, 

Resolved,  That  the  resolution  of  Congress  respect- 
ing the  lowering  the  rates  of  postage  be  suspended 
until  farther  orders  from  Congress. 

OCTOBER  3,  1775. 

The  committee  of  claims  informed  Congress,  that 
there  area  number  of  carabines  and  pistols  provided 
for  the  hussar  company,  which  the  committee  of  safety 
for  the  province  of  Pennsylvania  are  willing  to  take  at 
the  first  cost. 

Ordered,  That  they  be  delivered  to  the  said  com- 
mittee on  the  terms  proposed. 

Resolved,  That  general  Washington  may,  if  he 
thinks  proper,  for  the  encouragement  of  an  attack  on 
Boston,  promise,  in  case  of  success,  a  month's  pay  to 
the  army  and  to  the  representatives  of  such  of  our 
brave  countrymen  as  may  chance  to  fall;  and  in  case 
success  should  not  attend  the  attempt,  a  month's  pay 
lo  the  representatives  of  the  deceased. 

OCTOBER  5,  1775. 

Sundry  letters  from  London  being  laid  before  Con- 
gress— 

Resolved,  That  a  committee  of  three  be  appointed 
to  prepare  a  plan  for  intercepting  two  vessels  which 
are  on  their  way  to  Canada,  loaded  with  arms  and 
powder. 

In  the  printed  resolves  of  October  5,  1775,  before 
the  last  paragraph,  and  after  the  words  "  the  same 


1775.]  DOMESTICK  AFFAIRS.  23 

"  precautions,"  should  be  inserted  the  following  para- 
graph : 

That  the  encouragement  recommended  by  Congress 
to  be  given  shall  be,  on  this  occasion,  that  the  master, 
officers,  and  seamen,  shall  be  entitled  to  one  half  of 
the  value  of  the  prizes  by  them  taken,  the  wages  they 
receive  from  the  respective  colonies  notwithstanding. 

OCTOBER  9,   1775. 

Resolved,  That  Mr.  Duane  do  apply  to  the  com- 
mittee of  safety  of  this  province,  and  request  them  to 
lend  to  the  continent  one  ton  of  gunpowder  to  be  sent 
to  New  York  ;  and  from  thence,  what  of  it  can  be 
spared  to  be  immediately  forwarded  to  general  Schuy- 
ler, by  the  convention  of  New  York. 

Ordered,  That  the  delegates  for  Pennsylvania  do 
receive  from  the  treasurers  the  gold  and  silver  they 
have  collected,  in  order  that  the  same  may  be  for- 
warded to  general  Schuyler,  to-morrow  morning,  under 
a  proper  guard. 

A  letter  from  the  convention  of  New  York,  enclosing 
a  proposal  for  procuring  gunpowder,  was  taken  into 
consideration,  and  referred  to  the  secret  committee. 

OCTOBER  10,  1775. 

Resolved,  That  the  silver  and  gold  collected  be 
sent  to  general  Schuyler,  with  an  escort  of  four  of  the 
light  horse  of  this  city. 

Adjourned  for  an  hour. 


00  SECRET  JOURNAL.  [Oct.  20, 

EADEM    DIE. 

The  President  reported  that  he  has  despatched  an 
express  to  general  Schuyler,  with  six  thousand  three 
hundred  and  sixly-four  pounds,  Pennsylvania  curren- 
cy, in  silver  and  gold,  equal  to  sixteen  thousand  nine 
hundred  and  seventy  dollars  and  two-thirds  of  a  dollar, 
with  an  escort  of  four  of  the  light  horse. 

OCTOBER  16,  1775. 

Resolved,  That  Mr.  Randolph  and  Mr.  Hopkins 
be  appointed  to  join  Mr.  J.  Rutledge,  in  order  to  con- 
fer with  Mr.  J.  Macpherson  on  the  subject  contained 
in  his  letter. 

OCTOBER  19,  1775. 

The  committee  appointed  to  confer  with  captain. 
Macpherson  reported,  that  they  have  executed  that 
service  5  and,  upon  conversing  with  him,  do  appre- 
hend thru  the  scheme  he  mentions  in  his  letter  is  feasi- 
ble ;  and  that  therefore  it  would  be  proper  he  should 
repair  to  the  camp.     Whereupon, 

Resolved,  That  captain  Macpherson  be  requested 
immediately  to  repair  to  the  camp  at  Cambridge,  and 
eonfer  with  general  Washington  on  the  subject  con- 
tained in  his  letter  to  Congress  ;  and  that  the  commit- 
tee who  conferred  with  him  do  prepare  a  letter  t« 
lie  sent  by  him  to  the  general,  and  report  the  same. 

OCTOBER  20,  1775. 
Resolved,  That  an  order  be  drawn  on  the  treasu- 


1775.]  DOMESTICK  AFFAIRS.  31 

rers,  in  favour  of  captain  John  Macpherson,  for  three 
hundred  dollars. 


OCTOBER  26,  1775. 

It  being  represented  to  Congress  that  a  large  quan- 
tity of  blankets  and  shirts  remain  in  the  king's  stores 
at  New  York — 

Resolved,  That  it  be  recommended  to  the  conven- 
tion of  New  York  immediately  to  take  possession  of  the 
said  blankets  and  shirts,  and  forward  so  many  of  them 
as  may  be  necessary  to  general  Schuyler,  for  the  use 
of  the  army  under  his  command. 

NOVEMBER  9,  1775. 

Resolved,  That  every  member  of  this  Congress  con- 
siders himself  under  the  ties  of  virtue,  honour,  and  love 
of  his  country,  not  to  divulge,  directly  or  indirectly, 
any  matter  or  thing  agitated  or  debated  in  Congress, 
before  the  same  shall  have  been  determined,  without 
leave  of  the  Congress  ;  nor  any  matter  or  thing  deter- 
mined in  Congress,  which  a  majority  of  the  Congress 
shall  order  to  be  kept  secret.  And  that  if  any  mem- 
ber shall  violate  this  agreement,  he  shall  be  expelled 
this  Congress,  and  deemed  an  enemy  to  the  liberties 
of  America,  and  liable  to  be  treated  as  such  ;  and  that 
every  member  signify  his  consent  to  this  agreement  by 
signing  the  same. 

NOVEMBER  10,  1775. 

The  Congress  resuming  the  consideration  of  the  re- 
port of  the  committee  on  Nova  Scotia— 


U2  SECRET  JOURNAL.  [Nov.  29, 

Resolved,  That  two  persons  be  sent  at  the  expense 
of  these  colonies,  to  Nova  Scotia,  to  inquire  into  the 
state  of  that  colony  ;  the  disposition  of  the  inhabitants 
towards  the  American  cause ;  and  the  conditions  of  the 
fortifications,  docks,  yards,  the  quantity  of  artillery 
and  warlike  stores,  and  the  number  of  soldiers,  sailors, 
and  ships  of  war  there  ;  and  transmit  the  earliest  intel- 
ligence to  general  Washington. 

Resolved,  That  general  Washington  be  directed,  in 
case  he  should  judge  it  practicable  and  expedient,  to 
send  into  that  colony  a  sufficient  force  to  take  away 
the  cannon  and  warlike  stores,  and  to  destroy  the 
docks,  yards,  and  magazines,  and  to  take  or  destroy 
any  ships  of  war  and  transports  there  belonging  to 
the  enemy. 

NOVEMBER  29,  1775. 

After  the  resolution  permitting  Downham  Newton  to 
export  provisions — 

Resolved,  That  the  said  Downham  Newton  give 
bond,  with  two  sufficient  sureties,  in  a  penalty  equal  to 
double  the  value  of  the  cargo  he  shall  have  laden  on 
board  his  vessel,  the  conditions  of  which  bond  shall 
be,  that  the  said  Downham  Newton  shall,  on  or  before 
the  15th  day  of  February  next,  import  into  the  port  of 
Newbern.  in  the  colony  of  North  Carolina,  and  there 
deliver  to  the  commanding  officer  of  the  continental 
troops  in  that  colony,  good  muskets  and  bayonets,  or 
gunpowder,  to  the  full  amount  of  the  proceeds  of  such 
cargo;  and  that,  on  giving  such  bond,  he  shall  receive 
from  this  Congress  a  permit,  to  be  signed  by  the  Pre- 
sident, allowing  him  to  export  said  cargo. 


1775.]  DOMESTICK  AFFAIRS.  33 

Resolved,  That  the  executing  the  above  business, 
and  taking  the  bond  from  Downham  Newton,  be  refer- 
red to  the  committee  who  brought  in  the  report. 

Information  being  given  to  Congress  that  there  is  a 
large  quantity  of  powder  in  the  island  of  Providence — 

Ordered,  That  the  foregoing  committee  take  mea- 
sures for  securing  and  bringing  away  the  said  powder  ; 
and  that  it  be  an  instruction  to  the  said  committee, 
in  case  they  can  secure  said  powder,  to  have  it 
brought  into  the  port  of  Philadelphia,  or  to  some 
other  port  as  near  Philadelphia  as  can  be  with  safety. 

Resolved,  That  Mr.  Morris  be  added  to  the  fore- 
going committee. 

The  committee  appointed  to  prepare  a  letter  to  the 
agents,  brought  in  the  same,  which,  being  read  and 
debated,  was  agreed  to. 

Ordered,  That  a  fair  copy  be  made  out,  signed  and 
forwarded. 

N.  B.  This  and  former  letters  to  the  agents  in 
England,  are  in  Mr.  Hancock's  (the  President's)  letter 
book. 

DECEMBER  4,  1775. 

Information  being  given  to  Congress  that  major  Stop- 
ford,  notwithstanding  his  parole,  is  endeavouring  to 
debauch  the  minds  of  the  people — 

Ordered,  That  the  delegates  of  New  Jersey  be  di- 
rected to  write  to  the  committee  of  Trenton,  and  desire 
them  to  make  inquiry  into  the  conduct  and  behaviour 
of  major  Stopford,  and  the  officers  there,  and  make  re- 
port to  Congress. 
vol.  i.  5 


34 


SECRET  JOURNAL. 


[Jan.  3, 


JANUARY  1,  1776. 

The  committee  to  whom  the  letters  from  general 
Washington  and  the  intercepted  letters  were  referred, 
brought  in  a  report.     Whereupon, 

Resolved,  That  the  seizing  and  securing  the  bar- 
racks and  castle  of  St.  Augustine  will  greatly  contri- 
bute to  the  safety  of  these  colonics;  therefore  it  is 
earnestly  recommended  to  the  colonies  of  South  Caro- 
lina, North  Carolina  and  Georgia,  to  undertake  the 
reduction  of  St.  Augustine,  if  it  be  thought  practica- 
ble. 

Resolved,, That  a  copy  of  the  above  resolution,  to- 
gether with  copies  or  extracts  of  such  of  the  inter- 
cepted letters  as  tend  to  show  the  state  of  the  fort  and 
garrison  at  St.  Augustine,  be  transmitted  by  express 
to  Henry  Middleton  and  John  Rutledge,  esquires, 
members  of  Congress,  to  be  by  them  laid  before  the 
committee  directed  to  meet  at  Charlestown ;  and  in 
case  the  enterprise  be  judged  practicable,  that  imme- 
diate preparations  be  made  by  the  joint  force  of  the 
said  colonies,  viz.  South  Carolina,  North  Carolina 
and  Georgia,  and  the  expedition  be  undertaken  without 
delay,  at  the  expense  of  the  United  Colonies. 


JANUARY  3,  1776. 

Resolved,  That  the  committee  of  safety  of  the  colo- 
ny of  Pennsylvania  be  requested  to  furnish  colonel 
Heard  with  two  hundred  pounds  of  gunpowder. 


1776.]  DOMESTICK  AFFAIRS. 


JANUARY  17,  177C. 

A  letter  from  Messrs.  P.  Livingston,  Alsop  and 
Lewis,  was  read,  informing  that  only  four  hundred  and 
sixty-two  quarter  casks  of  powder  had  arrived  a4 
New  York. 


JANUARY  24,   1776. 

An  account  of  the  repulse  our  troops  met  with  in 
their  attempt  on  Quebec,  the  31st  December,  1775, 
published  by  Congress. 

The  letters  from  Canada  bring  an  account  of  an  un- 
successful attempt  made  to  gain  possession  of  Quebec 
by  storm,  on  the  31st  December  last,  between  the 
hours  of  two  and  seven  in  the  morning. 

The  general,  finding  his  cannon  too  light  to  effect  a 
breach,  and  that  the  enemy  would  not  hearken  to  terms 
of  capitulation,  formed  a  design  for  carrying  the  town 
by  escalade.  In  this  he  was  encouraged  by  the  exten- 
siveness  of  the  works  and  the  weakness  of  the  garri- 
son. Whe/i  every  thing  was  prepared,  while  he  was 
waiting  tfee  opportunity  of  a  snow  storm  to  carry  the 
design  into  execution,  several  men  deserted  to  the 
enemy.  His  plan  at  first  was  to  have  attacked  the 
upper  and  lower  town  at  the  same  time,  depending 
principally  for  success  against  the  upper  town.  But 
discovering  from  the  motions  of  the  enemy,  that  they 
were  apprized  of  his  design,  he  altered  his  plan  ;  and 
having  divided  his  little  army  into  four  detachments, 
ordered  two  feints  to  be  made  against  the  upper  town. 


36  SECRET  JOURNAL.  [Jan.  24, 

one  by  colonel  Livingston,  at  the  head  of  the  Canadians, 
against  St.  John's  gate;  the  other  by  captain  Brown, 
at  the  head  of  a  small  detachment,  against  Cape  Dia- 
mond ;  reserving  to  himself  and  colonel  Arnold  the 
two  principal  attacks  against  the  lower  town. 

At  five  o'clock,  the  hour  appointed  for  the  attack, 
the  general,  at  the  head  of  the  New  York  troops,  ad- 
vanced against  the  lower  town  at  Aunce  de  More.* 
Being  obliged  to  take  a  circuit,  the  signal  for  the  at- 
tack was  given,  and  the  garrison  alarmed,  before  he 
reached  the  place.  However,  pressing  on,  he  passed 
the  first  barrier,  and  was  just  opening  to  attempt  the 
second,  when,  by  the  first  fire  from  the  enemy,  he  was 
unfortunately  killed,  together  with  his  aid-de-camp, 
captain  John  Macpherson,  captain  Cheeseman,  and 
two  or  three  more.  This  so  dispirited  the  men,  that 
colonel  Campbell,  on  whom  the  command  devolved, 
found  himself  under  the  disagreeable  necessity  of 
drawing  them  off. 

In  the  mean  while,  colonel  Arnold,  at  the  head  of 
about  three  hundred  and  fifty  of  those  brave  troops, 
who  with  unparalleled  fatigue  had  penetrated  Canada 
under  his  command,  and  captain  Lamb's  company  of 
artillery,  had  passed  through  St.  Roques,  and  ap- 
proached near  a  two  gun  battery,  without  being  dis- 
covered. This  he  attacked  ;  and  though  it  was  well 
defended  for  about  an  hour,  carried  it  with  a  loss  of 
a  number  of  men.  In  this  attack  colonel  Arnold  had 
the  misfortune   to  have  his  leg  splintered  by  a  shot, 

*  The  original  appears  to  be  "  Aunce  de  More."  Bouchette  (vol.  i. 
r.  453)  lias  "  L'Ance  des  Meres."  Whether  they  mean  the  same  or 
not  is  not  known. 


1776.]  DOMESTICK  AFFAIRS.  37 

and  was  obliged  to  be  carried  to  the  hospital.  After 
gaining  the  battery,  his  detachment  passed  on  to  a 
second  barrier,  which  they  took  possession  of.  By 
this  time  the  enemy,  relieved  from  the  other  attacks, 
by  our  troops  being  drawn  off,  directed  their  whole 
force  against  this  detachment ;  and  a  party  sallying 
out  f'Otn  Palace  gate,  attacked  them  in  the  rear. 

These  brave  men  sustained  the  force  of  the  whole 
garrison  for  three  hours  ;  but  finding  themselves  hem- 
med in,  and  no  hopes  of  relief,  they  were  obliged  to 
yield  to  numbers,  and  the  advantageous  situation  the 
garrison  had  over  them. 

No  regular  return  is  yet  come  to  hand  ;  but  by  the 
advices  received,  we  learn,  that  our  loss,  in  killed  and 
wounded,  amounts  to  about  sixty,  and  three  hundred 
taken  prisoners,  who  are  treated  very  humanely. 
Among  the  slain  are  captain  Hendricks  and  lieutenant 
Humphreys,  of  the  rinVmen,  and  lieutenant  Cooper. 

After  this  unfortunate  repulse,  the  remainder  of  the 
army  retired  about  three  miles  from  the  city,  where 
they  have  posted  themselves  advantageously,  and  are 
continuing  the  blockade,  waiting  for  reinforcements, 
which  are  now  on  their  march  to  join  them. 

Every  possible  mark  of  distinction  was  shown  to 
the  corpse  of  general  Montgomery,  who  was  interred 
in  Quebec,  on  the  second  January. 

PUBLISHED  BY  ORDER  OF  THE  CONGRESS. 

The  Letter  to  the  Inhabitants  of  the  Province  of  Canada, 

FRIENDS  AND  COUNTRYMEN, 
Our  former  address   to  you   pointed  out  our  rights 
and  grievances,  and  the  means  we  have  in  our  power, 


jii  SECRET  JOURNAL.  [Jan.24, 

and  which  we  are  authorized  by  the  British  constitu- 
tion lo  use,  in  (lie  maintenance  of  the  former,  and  to 
obtain  a  redress  of  the  latter. 

We  have  also  shown  you,  that  your  liberty,  your 
honour,  and  your  happiness,  are  essentially  and  neces- 
sarily connected  with  the  unhappy  contest  which  we 
have  been  forced  into  for  the  defence  of  our  dearest 
privileges. 

We  see  with  inexpressible  joy  the  favourable  man- 
ner in  which  you  have  received  the  just  and  equitable 
remonstrances  of  your  friends  and  countrymen,  who 
have  no  other  views  than  those  of  strengthening  and 
establishing  the  cause  of  liberty.  The  services  you 
have  already  rendered  the  common  cause  deserve  our 
acknowledgments,  and  we  feel  the  just  obligation  your 
conduct  has  imposed  on  us  to  make  our  services  recip- 
rocal. 

The  best  of  causes  are  subject  to  vicissitudes;  and 
disappointments  ha\e  ever  been  inevitable.  Such  is 
the  lot  of  human  nature.  But  generous  souls,  en- 
lightened and  warmed  with  the  sacred  fire  of  liberty, 
become  more  resolute,  as  difficulties  increase  ;  and 
surmount  with  irresistible  ardour  every  obstacle  that 
stands  between  them  and  the  favourite  object  of  their 
wishes. 

We  will  never  abandon  you  to  the  unrelenting  fury 
of  your  and  our  enemies.  Two  battalions  have  already 
received  orders  to  march  to  Canada,  a  part  of  which 
are  now  on  their  route.  Six  additional  battalions 
are  raising  in  the  United  States  for  the  same  service, 
and  will  receive  orders  to  proceed  to  your  province  as 
soon  as  possible.     The  whole  of  these  troops  will  pro- 


1776.]  DOMESTICK  AFFAIRS.  3S 

bably  arrive  in  Canada  before  the  ministerial  army, 
under  general  Carlton,  can  receive  any  succours. 
Exclusive  of  the  forces  before  mentioned,  we  have  di- 
rected, that  measures  be  immediately  taken  to  embody 
two  regiments  in  your  country.  Your  assistance  in  the 
support  and  preservation  of  American  liberty  affords 
us  the  most  sensible  satisfaction;  and  we  flatter  our- 
selves that  you  will  seize  with  zeal  and  eagerness  the 
favourable  moment  to  co-operate  in  the  success  of  so 
glorious  an  enterprise.  And  if  more  considerable 
forces  should  become  requisite,  they  shall  not  fail 
being  sent. 

At  this  period  you  must  be  convinced  that  nothing 
is  so  essential  to  guard  our  interests  and  liberty  as  effi- 
cacious measures  to  combine  our  mutual  forces,  in 
order  that,  by  such  a  union  of  succour  and  counsels, 
we  may  be  able  to  baffle  the  endeavours  of  an  enemy 
who,  to  weaken,  may  attempt  to  divide  us.  To  this 
effect  we  advise  and  exhort  you  to  establish  associa- 
tions, in  your  different  parishes,  of  the  same  nature 
with  those  which  have  proved  so  salutary  to  the  United 
Colonies ;  to  elect  deputies  to  form  a  provincial  assem- 
bly ;  and  that  said  assembly  be  instructed  to  appoint 
delegates  to  represent  them  in  this  Congress.  We 
flatter  ourselves  with  the  prospect  of  the  happy  mo* 
ment  when  the  standard  of  tyranny  shall  no  longer 
appear  in  this  land  ;  and  we  live  in  full  hopes  that  it 
will  never  hereafter  find  shelter  in  North  America. 

Signed  in  the  name  and  by  order  of  Congress. 

JOHN  HANCOCK,  President. 

Philadelphia,  Jan.  24,  1776. 


4Q 


SECRET  JOURNAL. 


[April  29, 


FEBRUARY  26,  1776. 

Resolved,  That  Monsieur  Mesplet,  printer,  be  en- 
gaged to  go  to  Canada,  and  there  set  up  his  press, 
and  carry  on  the  printing  business;  and  the  Congress 
engage  to  defray  the  expense  of  transporting  him  and 
his  family  and  printing  utensils  to  Canada  ;  and  will 
moreover  pay  him  the  sum  of  two  hundred  dollars. 

APRIL  15,  1776. 

Resolved,  That  the  committee  for  fortifying  ports 
be  empowered  to  write  in  the  name  of  the  Congress, 
to  general  Washington,  and  request  him  to  send  a 
proper  person  to  examine  such  ports  on  the  coast  of 
New  England  as  they  shall  direct,  and  report 
thereon. 

That  the  said  committee  be  empowered  to  employ 
proper  persons  to  examine  the  several  ports  and  har- 
bours on  the  coast  between  New  York  and  Delaware 
Bay,  and  between  Delaware  and  Chesapeake  Bays, 
and  to  the  southward. 


APRIL  29,  1776. 

Resolved,  That  the  committee  appointed  to  consi- 
der the  state  of  Indian  affairs,  in  the  middle  depart- 
ment, be  instructed  to  prepare  a  plan  of  an  expedi- 
tion against  fort  Detroit,  and  an  estimate  of  the  ex- 
pense. 


1776.]  DOMESTICK  AFFAIRS.  41 


MAY  3,  177G. 

The  committee  appointed  to  prepare  an  estimate  of 
the  expense  of  an  expedition  against  fort  Detroit, 
brought  in  their  report,  which  was  read  :    Whereupon, 

The  Congress  look  into  consideration  the  report  of 
the  committee  on  general  Washington's  letter  of  the 
19th  April;  and,  after  some  debate,  the  farther  con- 
sideration thereof  was  postponed, 

MAY  25,  1776. 

The  committee  appointed  to  confer  with  his  excel- 
lency general  Washington,  major  general  Gates  and 
brigadier  general  Mifflin,  touching  the  most  proper 
posts  and  measures  to  be  taken  for  preventing  the 
enemy's  communication  with  the  upper  country  from 
Canada,  and  such  other  measures  as  tend  to  secure  the 
frontiers,  brought  in  their  report,  which  was  taken  into 
consideration  ;  and  thereupon, 

Resolved,  That  it  is  of  the  highest  importance  that 
post  be  taken  at  Dechambeau,  and  that  the  same 
be  fortified ;  that  works  be  likewise  erected  on  the 
islands  in  the  river  St.  Lawrence,  at  the  mouth  of  the 
river  Sorrel,  as  well  to  keep  open  the  communication 
between  Dechambeau  and  St.  John's,  as  to  prevent 
the  enemy's  passing  to  the  upper  country,  should  the 
forces  of  the  United  Colonies  be  compelled  to  retreat 
from  Dechambeau. 

That  it  is  highly  expedient  to  engage  the  Indians  in 
the  service  of  the  United  Colonies. 
vol.  i.  R 


42 


SECRET  JOURNAL. 


[June  3, 


Resolved,  That  the  farther  consideration  of  the  re- 
port be  postponed    till  Monday  next. 

MAY  20,   1776. 

The  committee  appointed  to  confer  with  the  gene- 
brougbt  in  a  further  report,  which  was  read: 
Whereupon, 

Resolved,  That  an  animated  address  be  published  to 
impress  the  minds  of  the  people  with  the  necessity  of 
now  stepping  forward  to  save  their  country,  their  free- 
dom, and  property. 

That  a  committee  of  four  be  appointed  to  prepare 
the  said  address. 

The  members  chosen — Mr.  Jefferson,  Mr.  Wythe, 
Mr.  8.  Adams,  and  Mr.  Rutledge. 

MAY  30,  177G. 

An  extract  of  a  letter  from  a  gentleman  in  Bermuda, 
dated  the  26th  April,  and  continued  to  the  1st  May,  to 
a  gentleman  in  Philadelphia,  was  presented  to  Con- 
gress, and  read. 

Ordered,  That  it  be  referred  to  the  committee  for 
examining  the  most  proper  ports  to  be  fortified. 


JUNE  3,  1776. 

Resolved,  That  the  general  be  empowered  to  em- 
ploy in  Canada  a  number  of  Indians,  not  exceeding 
two  thousand. 


J776.J  OOMESTICK  AFFAIRS. 


JUNE   6,    1776. 

Resolved,  That  the  standing  committee  for  Indian 
affairs  be  directed  to  devise  ways  and  means  for  car- 
rying into  effect  the  resolution  of  the  third  of  this 
month,  empowering  the  general  to  employ  in  Canada 
a  number  of  Indians,  not  exceeding  two  thousand. 

The  committee  to  whom  was  referred  an  extract  ot 
a  letter  from  a  gentleman  in  Bermuda,  dated  26th 
April,  and  continued  to  May  1st,  to  a  gentleman  in 
Philadelphia,  brought  in  their  report,  which  was  read  ; 
and  the  same  being  taken  into  consideration — 

Resolved,  That  the  secret  committee  be  instructed 
forthwith  to  fit  out  two  fast  sailing  vessels,  and  load 
them  with  provisions,  to  be  sent  immediately  to  sup- 
ply the  inhabitants  of  the  islands  of  Bermudas;  ami 
that  the  committee  of  secret  correspondence  be  direct- 
ed to  take  such  measures  as  they  may  think  proper, 
by  those  vessels,  to  discover  the  state  of  those  islands 
and  the  disposition  of  their  inhabitants  ;  and  that  the 
marine  committee  be  instructed  to  take  such  measures 
as  they  may  think  proper  for  purchasing,  manning, 
arming,  and  fitting  at  the  said  islands,  two  sloops  of 
war  for  the  service  of  the  United  Colonies. 

Resolved,  That  the  remainder  of  the  report  lie  on 
the  table  for  consideration. 

JUNE  17,  1776. 

Resolved,  That  the  general  to  be  sent  into  Canada 
be  directed  to  view  "  Point  Au  fer,"  and  to  order  a 


44  SECRET  JOURNAL.  [July  8, 

fortress    to    be  erected    there,    if   he    should    think 
proper. 

Resolved,  That  general  Washington  be  permitted 
to  employ  the  Indians  whom  he  may  take  into  the  ser- 
vice of  the  United  Colonies,  pursuant  to  a  resolution  of 
Congress  of  the  25th  of  May  last,  in  any  place  where 
he  shall  judjje  they  will  be  moM  useful  ;  and  that  he 
be  authorized  to  offer  th^rn  a  reward  of  one  hundred 
dollars  for  every  commissioned  officer,  and  thirt)  dol- 
lars for  every  private  soldii  r,  of  the  king's  troops,  that 
they  6hall  take  prisoners  in  the  Indian  country,  or  on 
the  frontiers  of  these  colonies. 

JUNE  24,   1776. 

The  committee  appointed  to  consider  what  harhourg 
are  proper  to  be  fortified,  brought  in  their  report,  which 
ivas  read  and  ordered  to  lie  on  the  tahle. 

Resolved,  That  the  said  committee  be  empowered 
to  draw  on  the  treasurers  for  a  sum  of  money  to  defray 
the  expenses  of  surveying  and  examining  the  ports. 

JULY  8,  1776. 

Resolved,  That  general  Washington  have  permis- 
sion to  call  forth  and  engage  in  the  service  of  the  Unit- 
ed States,  so  many  of  the  Indians  of  the  St.  John's, 
Nova  Scotia,  and  Penobscot  tribes,  as  he  shall  judge 
necessary  ;  and  that  he  be  desired  to  write  to  the 
General  Court  of  the  Massachusetts  Bay,  requesting 
their  aid  in  this  business,  and  informing  them  that  Con- 
gress will  reimburse  such  expenses  as  may  be  necessa- 


1776.]  BOMESTICK  AFFAIRS.  46 

rily  incurred  in  consequence  of  the  foregoing  resolu- 
tions. 


JULY  11,   1776. 

Congress  are  so  fully  persuaded  of  the  necessity  of 
protecting  the  frontiers  of  New  York  from  the  incur- 
sions of  the  enemy,  that  they  recommend  that  business 
to  general  Schuyler's  immediate  attention  ;  and  direct 
that,  if  the  situation  of  affairs  will  admit  of  it,  he  take 
proper  steps  for  erecting  a  fort  at  Oswego,  and  build- 
ing galleys  on  lake  Ontario,  and  pursue  such  other 
measures  as  may  be  best  fitted  to  answer  the  views  of 
Congress. 

That  posts  be  taken  and  forts  erected  at  Presque 
Isle,  Le  Beuf,  and  Kittanning  ;  and  that  a  battalion  be 
raised  to  erect  and  garrison  the  sauie.  That  the  com- 
missioners of  Indian  affairs  in  the  middle  department 
be  directed  to  inquire  what  naval  force  on  lake  Erie 
will  be  necessary  to  secure  to  the  United  States  the 
command  of  the  navigation  of  that  lake ;  and  report 
the  result  of  their  inquiry  as  soon  as  possible  to  Con- 
gress. 

JULY  17,  1776. 

Resolved,  That  the  committee  appointed  on  the 
11th  of  this  month  "  to  make  strict  inquiry,"  &c.  be 
directed  to  apply  to  the  convention  of  Pennsylvania, 
now  sitting,  and  request  them  to  appoint  a  select  com- 
mittee of  their  body  to  confer  with  them  on  a  matter  of 
importance  relating  to  that  state. 


46 


SECRET  JOURNAL. 


[Nov.  27, 


JULY  19,   1776. 

Resolved,  That  the  declaration  passed  on  the  4th, 
be  'airly  engrossed  on  parchment,  with  the  title  and 
style  of — "  The  Unanimous  Declaration  op  the 
;;  Thirteen  United  States  of  America;"  and  that 
the  same,  when  engrossed,  be  signed  by  every  mem- 
ber of  Congress. 

AUGUST  2,   1776. 

The  Declaration  of  Independence  being  engrossed, 
and  compared  at  the  table,  was  signed  by  the  mem- 
bers. 

Resolved,  That  the  secret  committee  be  empowered 
to  contract  with  Mr.  Mis  Lie  for  the  importation  of  goods 
to  the  amount  of  thirty  thousand  pounds  sterling,  at 
his  risk,  and  fifteen  thousand  pounds  sterling  at  die 
risk  of  the  United  States  of  America,  for  the  publick 
service.  That  the  marine  committee  be  empowered 
to  purchase  a  swift  sailing  vessel  to  be  employed  by 
the  secret  committee   in  importing   said  goods. 


NOVEMBER  27,   1776. 

Resolved,  That  a  committee  of  three  be  appointed 
to  procure  a  translation,  into  the  German  language,  of 
the  treaty  between  the  courts  of  London  and  Hesse,  for 
troops  to  be  employed  in  America. 

That  the  said  committee  be  fully  authorized  to  pur- 
sue  means  the   most  effectual  in  their  judgment  for 


1776.]  DOMESTICK  AFFAIRS.  47 

communicating  to  the  Hessians  the  said  treaties,  and 
for  accomplishing  the  views  of  Congress  in  their  re- 
solves of  the   14th  and  27th  of  August  last. 

The  members  chosen — Mr.  Wilson,  Mr.  R.  H. 
Lee,  and  Mr.  S.  Adams. 

DECEMBER  2,   1776. 

Resolved,  That  the  committee  for  establishing  ex- 
presses be  directed  to  send  colonel  Stewart,  or  any 
other  officer,  express  to  general  Lee,  to  know  where 
and  in  what  situation  he  and  the  army  with  him  are. 

DECEMBER  27,  1776. 

Resolved,  That  the  committee  of  Congress  at  Phi- 
ladelphia be  desired  to  contract  with  proper  persons 
for  erecting  at  Carlisle,  in  Pennsylvania,  a  magazine 
sufficient  to  contain  ten  thousand  stand  of  arms,  and 
two  hundred  tons  of  gunpowder;  and  also  for  erecting 
an  elaboratory  adjacent  to  such  magazine. 

That  the  council  of  Massachusetts  Bay  be  desired 
to  contract  with  proper  persons  for  erecting,  in  the 
town  of  Brookfield  in  that  state,  a  magazine  sufficient 
to  contain  ten  thousand  stand  of  arms,  and  two  hun- 
dred tons  of  gunpowder,  and  also  for  erecting  an  ela- 
boratory adjacent  to  such  magazine. 

JANUARY  7,  1777. 

Congress  resolved  itself  into  a  committee  of  the 
whole,  to  take  into  consideration  a  proposition  for  set- 
ting on  foot  an  expedition  against  Nova  Scotia  ;  and 


4B  SECRET  JOURNAL.  [Jan.  8, 

after  some  time  spent  thereon,  the  President  resumed 
the  rhair,  and  Mr.  Nelson  reported, 

That  the  committee  have  come  to  a  resolution  which 
he  was  ready  to  report. 

Ordered,  That  the  report  be  received. 

The  report  being  received  and  read — 

Ordered,  That  it  lie  on  the  table  till  to-morrow. 

t 

JANUARY  8,  1777. 

Congress  resumed  the  consideration  of  the  report 
from  the  committee  of  the  whole ;  which  was  agreed 
to  as  follows  : 

Resolved,  That  the  council  of  the  state  of  Massachu- 
setts Bay  be  desired  to  attend  to  the  situation  of  the 
enemy  in  the  province  of  Nova  Scotia  ;  and  if  they 
are  of  opinion,  that  an  advantageous  attack,  in  the 
course  of  the  winter,  or  early  in  the  spring,  may  be 
made  on  fort  Cumberland  and  the  said  province, 
whereby  the  enemy's  dock  yard  and  other  works,  with 
such  stores  as  cannot  be  speedily  removed,  can  be  de- 
stroyed, ihey  are  hereby  empowered  to  conduct  the 
same  in  behalf  of  these  United  States;  to  raise,  sub- 
sist and  pay  a  body  of  men,  not  exceeding  three 
thousand,  under  such  officers  as  they  shall  appoint  for 
carrying  on  the  said  expedition;  and  for  this  purpose 
to  provide  suitable  magazines  of  military  and  other 
stores,  and  convey  them  to  such  of  the  eastern  ports 
of  the  said  state  as  they  shall  think  best.  And  they 
are  desired  to  conduct  this  affair  in  the  most  secret 
manner  that  the  nature  of  such  an  enterprise  will  ad- 
mit, and  to  apply  to  Congress  for  a  sum  of  money  suf- 


1777.]  DOMESTTCK  AFFAIRS. 

ficiont  to  accomplish  the  design   which  they  may  form 
relative  thereto. 

Ordered,  That  a  copy  of  the  above  be  sent  by  ex- 
press to  the  council  of  Massachusetts  Bay  ;  and  that 
general  Washington  be  informed  thereof;  and  lhat  the 
said  resolution,  and  all  debates  had  thereon,  be  kept 
secret  till  the  further  order  of  Congress. 

APRIL  25,   1777. 

A  petition  from  Robert  Foster,  of  the  county  of 
Cumberland,  in  Nova  Scotia,  with  sundry  papers  en- 
closed, was  read. 

Ordered,  That  the  same  be  referred  to  the  board 
of  war. 

MAY  13,  1777. 

The  board  of  war  to  whom  their  report  on  the  pe- 
tition from  some  inhabitants  of  Nova  Scotia  was  re- 
committed, brought  in  a  report,  which  was  taken  into 
consideration  :  Whereupon, 

Resolved,  That  the  council  of  Massachusetts  Bay 
be  requested  to  consider  the  case  of  the  inhabitants  of 
Cumberland  ami  Sunbury  counties,  in  Nova  Scotia, 
who  are  sufferers  by  their  attachment  to  the  American 
cause;  and  to  devise  and  put  in  execution,  at  conti- 
nental expense,  such  measures  as  the  said  council 
shall  think  practicable  and  prudent,  for  the  relief  of 
the  said  sufferers;  and  to  enable  such  of  them  as  may 
be  desirous  of  removing  to  a  piare  of  greater  safety, 
to  bring  off  their  families  and  effects.     And   the  said 

VOL.  T.  7 


.0  SKCRET JOURNAL.  [July  3, 

il  is  hereby  authorized  to  raise  a  number  of  men} 

if  necessary,  for  thai  Bervice,  not  exceeding  five  hun- 

uch  places   as    will   least  interfere   with  the 

their  quota  of  troops  for  the  continental  army. 

JULY  3,  1777. 

The  committee  to  whom  the  letter  from  David  Hall 
and  others,  with  the  papers  accompanying  the  same, 
were  referred,  reported — 

Th  it  they  have  attended  to  the  business  given  them 
in  charge,  and  have  received  the  following  informa- 
tion : 

"  That  a  considerable  part  of  the  inhabitants  of 
-ex  county,  in  the  state  of  Delaware,  have,  ever 
"  since  the  commencement  of  the  present  controversy 
"  ci  ith  Great  Britain,  acted  as  enemies  to  the  American 
"  cause,  and  are  now  unfriendly  and  disaffected  to  the 
"  constitution  and  government  of  that  state,  and  to  the 
"  independence  of  the  United  States  ;  that  an  open 
"  and  avowed  intercourse  has  been  kept  up  by  the 
iffected  in  the  county  aforesaid  with  the  British 
u  ships  of  war,  by  means  of  which  intelligence  has 
"  from  lime  to  time  been  given,  and  frequent  supplies 
"  of  provisions  have  been  afforded  to  the  enemies  of 
"the  United  States;  that  the  disaffected  in  the  said 
"  county  keep  up  a  constant  correspondence  with  those 
"  ot  the  same  character  in  the  counties  of  Worcester 
"  and  Somerset,  in  the  state  of  Maryland  ;  that  some 
"  of  them  have  promised  to  conduct  British  sailors  to 
"  the  houses  of  the  well  affected,  that  they  might  be 
"taken;  that   it  is   probable   that  enterprises   of  this 


1777.]  DOMESTICK  AFFAIRS. 

"  kind  will  be  attempted  to  be  put  in  execution  ;  thru 
"  one  person  has  already  been  taken  in  this  way,  and 
"  put  in  irons  ;  that  considerable  numbers  of  men  bave 
"  been  recruited  tor  the  enemy  in  Sussex  county,  and 
"  have  been  sent  to  New  York  ;  that  the  militia  offi- 
"  cers  in  that  county  have  generally  resigned,  and 
"  the  laws  of  the  state  of  Delaware  for  punishing  trea- 
"  sons  and  disaffection  are  rendered  altogether  inef- 
"  fectual  by  the  insolence,  and  the  numbers  of  the 
"  disaffected  ;  that  a  very  large  sum  of  counterfeit  con- 
"  tinental  money  has  been  brought  from  the  enemy's 
a  ships  into  the  said  county,  part  of  which  has  been 
"  circulated  among  the  inhabitants;  that  there  is  the 
"  greatest  reason  to  apprehend  that  if  the  enemy  were 
"  to  gain  the  smallest  advantage  of  the  army  of  the 
"  United  States,  and  the  English  fleet  should  appear 
"  upon  the  coasts,  there  would  be  a  general  insurrec- 
"  tion  in  that  county  in  favour  of  the  British  king  ; 
"  that  in  May  last  the  president  of  the  state  of  Dela- 
"  ware  sent  commissioners  to  inquire  into  the  state  of 
"  the  county  of  Sussex,  and  ordered  them  to  make  re- 
"  port  of  any  treasonable  practices  they  might  be 
"  able  to  discover  among  the  inhabitants  of  the  said 
"  county;  that  a  report  mentioning  the  disaffection  and 
"  treasonable  practices,  which  the  said  commissioners. 
"  from  the  best  information  they  could  receive,  and 
"  such  observations  as  they  had  an  opportunity  of  mak- 
"  ing,  believed  to  prevail  in  the  said  county,  was  ac- 
"  cordingly  made  ;  that  the  assembly  of  the  state  of 
"  Delaware  met  a  few  days  after  the  report  was  made, 
"  but  adjourned  without  any  proceedings  being  had 
"  thereon  :"  Whereupon, 


52  SECRET  JOURNAL.  [Aug.  19, 

Resolved,  That  the  regiment  of  continental  troops 
nou  in  I  ho  slate  of  Maryland,  under  the  command  of 
colonel  Richardson,  be  immediately  ordered  to  march 
into  the  county  of  Sussex,  in  the  state  of  Delaware, 
to  overawe  and  disarm  the  disaffected  in  that  county  ; 
to  put  a  stop  to  the  intercourse  which  they  carry  on 
with  the  enemy,  by  securing  all  the  water  craft,  and 
by  every  other  measure  which  colonel  Richardson 
shall  deem  necessary  ;  and  to  apprehend,  detain,  and 
secure  the  leaders  in  such  highly  criminal  practices. 

AUGUST  19,   1777. 

Congress  taking  into  consideration  the  letter  from 
governour  Henry,  ol  Virginia,  to  the  delegates  of  that 
state  in  Congress,  representing  the  behaviour  of  lieu- 
tenant colonel  Carrington,  of  colonel  Harrison's  corps 
of  artillery — 

Resolved,  That  the  behaviour  of  lieutenant  colonel 
Carrington  towards  governour  Henry,  as  set  forth  in 
overnoijr's  letter  of  the  8th  instant  to  the  dele- 
gat- s  of  Virginia,  is  highly  indecent  and  reprehensi- 
ble; and  that  unless  the  said  lieutenant  colonel  Cnr- 
rington,  in  the  space  of  five  days  after  being  notified 
of  this  resolution,  make  such  concessions  to  the  gover- 
nour as  he  and  die  council  of  that  state  shall  approve 
of,  colonel  Carrington  be  dismissed  from  the  service 
of  the  United  States. 

See  act  twenty-third  May,  1778. 


1777.]  DOMESTICK  AFFAIRS.  68 


DECEMBER  3,  1777. 

Instructions  to  the  Commissioners  for  Indian  Affairs, 
in  the  Northern  Department. 

The  glorious  successes  of  our  arms  in  the  north, 
and  the  severe  chastisement  which  the  unfriendly  In- 
dians have  received,  will  dispose  the  Six  Nations  to 
dread  our  resentment  and  to  value  our  protection. 
While  they  are  under  these  impressions  will  be  the 
proper  season  to  urge  them  to  some  decisive  enter- 
prise which  will  effectually  tie  them  to  our  cause,  and 
promote  the  publick  service.  Congress  have  there- 
fore sent  them  a  speech  which  is  to  be  communicated 
to  the  different  nations  ;  and  their  feelings  upon  it  at- 
tentively watched,  and  every  possible  advantage  de- 
rived to  the  States  from  favourable  circumstances. 

Congress  at  present  have  two  great  objects  in  view 
from  their  assistance. 

First.  As  the  Ottawas,  Chippawas,  Wiandots  and 
Mingoes,  at  Pluggy's  town,  are  now  actually  carrying 
on  a  predatory  war  against  the  inhabitants  of  the  wes- 
tern frontiers  of  Virginia  and  Pennsylvania,  the  Six 
Nations  are  to  be  prevailed  upon  to  oblige  them  im- 
mediately to  desist.  In  case  of  refusal,  to  declare 
war  against  them,  and  surprise  and  destroy  their 
towns.  If  the  latter  plan  should  be  agreed  to,  they 
will  be  aided  by  general  Hand,  should  that  be  conve- 
nient. 

Second.  They  are  to  be  induced  to  surprise  Niaga 
ra  ;  which  will  be  practicable,  if  the  Senccas  heartily 


54  SECRET  JOURN\L.  [Dee.  S, 

embrace  the  measure,  and  it  is  conducted  with  pru- 
dence and  secrecy. 

These  are  capital  objects,  in  the  execution  of  which 
groat  circumspection  is  necessary,  and  especially  in 
broaching  them  to  the  Indians.  And  they  therefore 
will  demand  the  utmost  attention  of  the  commissioners. 

Resolved,  That  Mr.  Duane  be  requested  to  confer 
with  the  commissioners  for  Indian  affairs  in  the  nor- 
thern department  ;  and  to  give  them  every  aid  and 
assistance  in  his  power  in  their  deliberations,  confe- 
rences, and  treaties  with  the  Indians. 

Whereas  the  destroying  the  enemy's  shipping  at  St. 
John's,  or  elsewhere,  on  lake  Champlain,  during  the 
winter  season,  is  an  enierprise  of  the  utmost  impor- 
tance, and  there  being  a  great  prospect  of  success,  pro- 
vided it  can  be  conducted  with  prudence,  resolution 
and  secrecy  : — Therefore, 

Resolved,  That  James  Duane,  Esq.  delegate  from 
New  York,  who  has  leave  of  absence,  and  is  about  to 
return  home,  be  authorized  and  directed,  in  a  personal 
conference,  to  communicate  the  enterprise  to  brigadier 
general  Stark,  who  is  appointed  to  the  command,  and 
to  consider  with  him  of  the  best  and  most  practicable 
means  for  its  accomplishment. 

That  brigadier  general  Stark  be  authorized,  with 
the  utmost  secrecy,  to  selector  raise  a  competent  num- 
ber of  volunteers  for  this  service;  and  to  receive  from 
the  commanding  officer  of  the  northern  department  a 
sufficient  quantity  of  military  stores,  carriages,  and 
provisions,  or,  if  more  convenient,  to  hire  carriages, 
and  to  purchase  provisions;  and  that  the  sum  of  five 
thousand  dollars  for   those  and  other  contingent  ex- 


1777.]  DOMESTICK  AFFAIRS.  55 

penses  be  advanced,  out  of  the  military  chest  in  the 
said  department,  to  him  or  his  order,  for  the  expendi- 
ture whereof  he  is  to  be  accountable. 

That  if  the  enterprise  prove  successful,  the  sum  of 
twentv  thousand  dollars  shall  be  paid  to  the  said  bri- 
gadier general  Stark,  and  his  officers  and  men,  to  be 
divided  among  thorn  in  proportion  as  the  pay  of  conti- 
nental officers  and  men  bears  to  each  other,  as  a  re- 
ward for  their  services,  and  in  full  satisfaction  of  all 
wages  and  claims,  or  in  such  proportions,  more  advan- 
tageous to  the  privates,  as  the  general  and  his  officers 
shall  ascertain.  But  if  stipulated  wages  should  be 
preferred  to  the  chance  of  such  reward,  the  general 
shall  be  at  liberty  to  retain  the  officers  and  men  at 
double  continental  pay  and  rations,  during  the  expedi- 
tion, in  consideration  of  the  inclemency  of  the  season 
and  the  importance  of  the  service. 

That  brigadier  general  Stark  be  engaged  to  keep 
secret  the  said  enterprise,  and  not  to  communicate  it, 
until  the  nature  of  the  operation  shall  render  it  ne- 
cessary. 

That  a  warrant  in  the  words  following,  subscribed 
by  the  President,  be  transmitted  to  general  Stark  : 

"  In  Congress,  Yorktown,  December  3,  1777. 

"  Whereas  brigadier  general  Stark  is  appointed  to 
"  command  a  secret  expedition  during  the  winter  sea- 
"  son,  you  are  therefore  directed  and  required,  upon 
"  his  order,  to  supply  him  with  such  sums  of  money, 
"  not  exceeding  five  thousand  dollars,  and  such  car- 
u  riages,  military  stores,  and  provisions,  as  he  may 
"  require,  taking  his  vouchers   for  the  same,  and  for 


ft  SECRET  JOURNAL.  [Dec.  4, 

"  which  he   is   to"  be   accountable   by  order  of  Con- 
H  gross. 

"  To  the  Commanding  Officer,  Paymaster,  Quar- 
"  tcrmastcr,  and  Commissaries  of  Stores  and 
"  Provisions  in  the  Northern  Department." 

That  if,  from  any  unforeseen  accident,  general 
Stark  shall  be  unable,  or  unwilling,  to  engage  in  the 
saiu  enterprise,  the  commanding  officer  in  the  northern 
department  be,  in  such  case,  authorized  and  directed, 
to  appoint  some  other  brave  and  diligent  officer  to  the 
said  command  ;  and  that  the  officer  so  commanding 
shall  have  the  same  powers,  and,  with  the  officers  and 
men,  the  same  reward  or  pay  as  are  before  proposed. 

That  all  officers  in  the  service  of  the  United  States 
be  required,  and  all  civil  officers  and  others  requested, 
to  give  every  aid  and  assistance  in  their  power  for 
forwarding  and  securing  the  success  of  the  said  enter- 
pris  . 

Congress  proceeded  to  the  election  of  two  commis- 
sioners for  auditing  claims  at  the  board  of  treasury  ; 
and  the  ballots  being  taken, 

JAMES  MILLIGAN  and 

WILLIAM  TURN  BULL,  Esquires,  were  elected. 

DECEMBER  4,   1777. 

Resolved,  That  the  commissioners  for  Indian  affairs, 
in  the  northern  department,  be  authorized  to  offer  the 
Indians,  whom  they  may  engage  to  undertake  the  re- 
duction of  the  fort  and  garrison  oi  Niagara,  such  re- 
ward,  whether  of  money,  or  goods,  as  they  may  think 


1773.]  DOMESTICK  AFFAIRS.  57 

adequate  to  the  purpose,  having  in  contemplation  as 
well  the  economy  necessary  to  be  observed,  as  the 
importance  of  the  object  ;  and,  for  this  purpose,  that 
they  may  have  authority  to  draw  on  the  military  chest 
in  the  northern  department  for  a  sum  not  exceeding 
fifteen  thousand  dollars  ;  and  also  to  receive  out  of  the 
puhlick  stores  in  the  northern  department  such  a  rea- 
sonable quantity  of  ammunition  for  the  use  of  the  said 
nation  as  may,  in  the  opinion  of  the  said  commis- 
sioners, be  necessary  to  promote  the  publiek  service. 
Resolved,  That  if  the  commissioners  for  Indian  af- 
fairs in  the  northern  department  cannot  engage  the  In- 
dians to  undertake  the  enterprise  against  Niagara,  un- 
less a  promise  is  previously  made  that  the  fort,  if 
taken,  shall  be  entirely  dismantled  ;  in  such  case  they 
be  authorized  to  make  this  convention. 

JANUARY  28,   1778. 

Resolved,  That  the  marquis  de  la  Fayette,  or  the 
general  officer  commanding  the  irruption  into  Canada, 
be  furnished  with  bills  of  exchange,  drawn  by  the 
President  of  Congress  on  the  commissioners  of  the 
United  States  in  France,  to  the  amount  of  thirty  thou- 
sand French  livres.  The  said  sum  to  be  by  him  ap- 
plied in  such  manner,  as  his  own  prudence  may  sug- 
gest, and  the  exigencies  of  affairs  shall  render  condu- 
cive to  the  publiek  interest. 

FEBRUARY  2,  1778. 

A  report  from  the  board  of  war  was  read  :  Where- 
upon, 

vol.  r.  8 


tj  SECRET  JOURNAL.  [Feb.  2, 

Resolved,  That  general  Washington  he  informed, 
thai  in  compliance  with  the  request  of  the  marquis  de 
la  Fayette,  Con  grew  arc  willing  that  major  general 
M' Doug  A I  should  proceed  on  the  intended  incursion 
into  Canada,  if  the  state  of  hi*  health  will  admit  of  it ; 
but  If  not.  that  the  baron  de  Kalb  be  directed  to  follow 
the  marquis  on  the  said  expedition,  in  case  general 
Washington  shall  think  it  proper.  That  it  is  not, 
however,  the  intention  ol  Congress  that  the  marquis 
.should  be  detained,  till  general  M'Dongal's  intention 
can  be  known,  as  the  success  of  the  expedition  de- 
pends upon  its  being  executed  without  loss  of  time. 

That  in  compliance  with  the  request  of  the  marquis 
de  la  Payette,  commissions  be  granted  to  the  follow- 
ing French  gentlemen,  who  have  produced  to  the 
board  of  war  credentials  of  their  rank  and  military 
merit  in  the  French  service,  and  are  moreover  recom- 
mended by  the  marquis  to  be  employed  under  him, 
agreeably  to  their  respective  ranks  in  the  intended 
incursion  into  Canada  ;  the  said  officers  to  be  appoint- 
ed to  the  command  only  of  such  Canadians  as  may  be 
embodied  in  Canada  :  viz. 

Monsieur  Jimat,  at  present  aid-de-camp  to  the  mar- 
quis de  la  Fayette,  to  be  appointed  Lieutenant  colonel; 

Mr.  de  Vrigny  io  be  appointed     Lieutenant  colonel: 

Chevalier  de  Pont  Gibant,  Major  ; 

Mr.  de  Sigonie.  -  -  Captain; 

Mr.  de  Lomagne,  -  Captain; 

Baron  du  Frey,  -  -         Captain. 


1778.]  DOMESTICK  AFFAIRS. 


FEBRUARY  7,  1778. 

It  being  represented  to  Congress  that  lieutenant 
colonvl  Flewry,  whom  the  marquis  dc  la  Fayette  is 
desirous  of  taking  with  him  into  Canada,  is  notable  to 
proceed  on  the  journey  for  want  of  a  horse,  he  having 
lost  three  horses  in  d iff*  rent  actions  during  the  course 
of  last  campaign — 

Ordered,  That  a  wairant  issue  on  the  treasurer  in 
favour  of  lieutenant  colonel  Flewry  for  two  hundred 
dollars. 

FEBRUARY  11,  1778. 

Resolved,  That  major  de  Buisson,  who  is  going  into 
Canada,  be  promoted  to  the  rank  of  lieutenant  colo- 
nel, to  be  appointed  to  the  command  only  of  such  Ca- 
nadians as  may  be  embodied  in  Canada. 

FEBRUARY   16,  1778. 

Ordered,  That  the  letter  of  the  11th  from  the  com- 
mittee at  camp,  respecting  the  irruption  into  Canada. 
be  referred  to  the  board  of  war,  who  are  directed  to 
report  specially  thereon,  and  to  lay  before  Congress  a 
copy  of  the  orders  given  to  the  officers  commanding 
the  irruption. 

FEBRUARY  23,  1778. 

Sundry  letters  and  papers  being  transmitted  to  Con- 
gress by  the  board  of  war,  the  same  were  read. 


fiu 


SECRET  JOURNAL. 


[Feb.  24, 


Ordered,  That  they  be  referred  to  a  committee  of 
four;  and  that  the  committee  collect  the  best  informa- 
tion they  can  relative  to  the  irruption  into  Canada, 
and  lay  the  same  before  Congress  as  soon  as  pos- 
sible. 

The  members  chosen — Mr.  Wolcott,  Mr.  Lee,  Mr. 
Ellery,  and  Mr.  M-Kean. 


FEBRUARY  24,  1778. 

The  committee  to  whom  were  referred  the  letters 
and  papers  from  the  board  of  war,  brought  in  a  re- 
port, which  was  taken  into  consideration :  Where- 
upon, 

Resolved,  That  the  board  of  war  instruct  the  mar- 
quis de  la  Fayette,  who  is  charged  with  an  expedition, 
or  irruption  into  Canada,  that  considering  the  length 
of  the  route  into  that  country  in  an  inclement  season, 
he  be  particularly  attentive  to  have  his  men  well 
clothed,  and  so  supplied  with  provisions  as  effectually 
to  guard  against  any  misfortune,  which  might  happen 
for  want  of  these  necessary  articles ;  and  in  case  he 
shall  fail  of  obtaining  forces,  which  he  shall  judge 
competent,  or  supplies  sufficient  for  them,  that  he 
carefully  attend  to  these  contingencies,  and  regulate 
his  conduct  according  to  the  probability  of  success, 
without  exposing  his  troops  to  any  very  great,  or 
very  apparent  hazard  ;  and  report  the  reasons  of  his 
conduct  to  the  board  of  war  and  to  Congress. 


1778.]  DOMESTICK  AFFAIRS.  CI 


MARCH  2,  1778. 

The  committee  to  whom  were  referred  the  letters 
and  papers  from  the  board  of  war,  respecting  the 
northern  department,  brought  in  a  report,  which  was 
taken  into  consideration ;  and  thereupon  Congress 
came  to  the  following  resolution. 

Whereas,  it  appears  from  authentick  accounts,  that 
difficulties  attend  the  prosecution  of  the  irruption  or- 
dered to  be  made  into  Canada  under  the  conduct  of 
the  marquis  de  la  Fayette,  which  render  the  attempt 
not  only  hazardous  in  a  high  degree  but  extremely  im- 
prudent— 

Resolved,  That  the  board  of  war  instruct  the  mar- 
quis de  la  Fayette  to  suspend,  for  the  present,  the  in- 
tended irruption  ;  and  at  the  same  time  inform  him, 
that  Congress  entertain  a  high  sense  of  his  prudence, 
activity  and  zeal ;  and  that  they  are  fully  persuaded 
nothing  has,  or  would  have  been  wanting  on  his  part, 
or  on  the  part  of  the  officers  who  accompanied  him, 
to  give  the  expedition  the  utmost  possible  effect. 

MARCH  13,   1778. 

Whereas  Congress  have  judged  it  proper  that  the 
irruption  ordered  to  be  made  into  Canada  should  be 
suspended,  and  have  directed  the  board  of  war  to  in- 
struct the  marquis  de  la  Fayette  to  that  purpose  ;  and 
whereas  it  appears  that  the  service  and  presence  of 
the  marquis  de  la  Fayette  and  the  baron  de  Kalb  are 
necessary  at  the  grand  army — 


C2  SECRET  JOURNAL.  [April  10, 

Resolved,  That  general  Washington  he  authorized 
to  order  major  general  the  marquis  de  la  Fayette,  and 
major  general  the  baron  de  Kalb,  to  join  the  main  ar- 
my without  delay. 

MARCH  14,  1778. 

A  letter  of  the  13th  from  the  board  of  war  was  read, 
recommending  major  Mullens,  aid-de-camp  of  general 
Conway,  to  have  a  commission  of  lieutenant  colonel  to 
command  in  Canada  only,  as  was  ordered  respecting 
other  foreign  officers  lately  gone  to  the  northward. 

Question  put  to  agree  thereto,  passed  in  the  ne> 
gativc. 

APRIL  10,  1778.     P.  M. 

A  motion  was  made  to  adjourn,  it  being  10  o'clock. 

Question  put,  nine  states  being  present. 

While  the  states  were  calling,  Mr.  Burke,  repre- 
senting the  slate  of  North  Carolina,  after  voting  in  the 
affirmative,  declared  the  states  might  vote  as  they 
pleased,  he  would  upon  his  honour  adjourn  himself;  and 
thereupon  he  immediately  withdrew,  by  which  means 
Congress  could  not  proceed  to  business. 

Mr.  Langworthy,  the  delegate  representing  Georgia. 
having  also  withdrawn — 

Ordered,  Thai  the  messenger  wait  on  the  members, 
and  desire  them  to  attend  Congress. 

The  messenger  returned,  and  reported,  That  he  had 
delivered  the  message  of  Congress  lo  the  members. 
That  Mr.  Langworthy  replied  he   would  return  pre- 


1778.]  DOMESTICK  AFFAIRS.  «S 

sently.  That  Mr.  Burke  replied,  "  Devil  take  him  if 
"  he  would  come;  it  was  too  late  and  too  unrea- 
"  sonable." 

Mr.  Langworthy  attended,  and  declared  that  when 
he  withdrew,  he  thought  Congress  was  adjourned  ;  and 
under  that  opinion  he  withdrew. 

Adjourned  to  9  o'clock,  to-morrow. 

APRIL   11,   1778. 

A  motion  was  made,,  that  the  minute  made  by  the 
secretary  last  evening,  relative  to  the  manner  in  which 
Congress  was  prevented  from  proceeding  on  business, 
be  entered  on  the  journal  as  of  last  evening. 

Whereupon  it  was  moved,  that  the  consideration  of 
this  matter  be  postponed  to  Monday  next.  And  the 
yeas  and  nays  being  required — 


Massachusetts  Bay 

Mi- 
Mr 
Mr. 

.  Dana, 
.  Gerry, 

Lovell, 

No. 
Av. 

No. 

(  No 

Rhode  Island, 

Mr. 

Kllery, 

Ay. 

)>Ay. 

Connecticut, 

Mr, 

Mr. 

Huntington, 
Dyer, 

No. 

No. 

1  No 

New  York, 

Mr. 

Duer, 

No. 

>x 

New  Jersey, 

Mr. 

Scudder, 

No. 

>.No 

Pennsylvania, 

Mr. 

Reed, 

Av. 

Mr.  Robf-rdpau,     No.  >  No. 
Mr.  J.  B.  Smith,  No.) 


64 

Maryland, 

Virginia, 

North  Carolina, 

South  Carolina, 


SECRET  JOURNAL. 


[April  11, 


Mr.  Chase, 

No. 

Mr.  Forbes, 

No. 

Mr.  Henry, 

Ay. 

No. 


Mr.  F.  L.  Lee  gave  no  answer. 

Mr.  Harnet,  Ay. 

Mr.  Burke  gave  no  answer. 


Mr.  Laurens, 
Mr.  Drayton, 


Mr.  Langworthy,     Ay.  )>Ay. 


Georgia, 

So  it  passed  in  the  negative. 

The  minute  being  read  and  amended — 

Ordered,  That  the  same,  as  amended,  be  entered  on 
the  journal  as  of  last  evening. 

Ordered,  That  Mr.  Burke  be  furnished  with  a  copy 
of  the  minute  relative  to  the  manner  in  which  Con- 
gress was  last  evening  prevented  from  proceeding  on 
business ;  and  that  he  be  allowed  till  Monday  next  to 
answer. 

Mr.  Burke  having,  in  the  course  of  the  debate  this 
morning  upon  his  conduct  last  evening,  declared, 
"  That  he  will  not  submit  to  a  tyranny  of  a  majority  of 
"  this  Congress,  which  would  keep  him  here  at  unrea- 
"  sonable  hours ;  that  he  wished  to  know  the  power  of 
"  Congress  over  their  members  ;  that  he  will  attend  at 
"  times  he  thinks  reasonable,  but  will  not  attend  at 
li  times  he  thinks  unreasonable,  unless  by  force  on  his 
"  person" — He  admitted  the  answer  reported  by  the 
messenger;  but,  that  on  his  absence  last  evening,  the 
members  ceased  to  be  a  body,  and  therefore  he  was 


1778.]  DOMESTICK  AFFAIRS.  $5 

guilty  of  no  rudeness  to  Congress  ;  and  if  he  was  guilty 
of  an  affront,  it  was  to  individual  members,  and  re- 
quired another  kind  of  apology  ;  that  he  was  not  con- 
vinced he  had  done  any  wrong;  was  not  disposed  to 
make  any  kind  of  apology;  and  if  he  had  been  guilty 
of  improper  behaviour,  he  will  answer  to  his  state. 
That  he  was  yesterday  evening  unwell,  and  not  able 
to  attend  without  prejudice  to  his  health. 

Ordered,  That  Mr.  Burke  be  furnished  with  a  copy 
of  the  foregoing  expressions,  used  by  him  in  the  course 
of  the  debate,  and  minuted;  and  that  he  be  allowed  to 
Monday  next  to  answer  thereto. 


EADEM  DIE.       P.   M. 

The  member  from  North  Carolina  having  offered  a 
paper  to  Congress,  as  his  answer  to  the  charge  against 
him,  a  debate  thereon  ensued,  in  which  the  same  mem- 
ber, having  made  use  of  expressions  which  were  deem- 
ed exceptionable,  as  charging  Congress  with  a  combi- 
nation against  him,  he  was  called  to  order  ;  whereupon 
he  said,  "  I  do  believe,  that  that  gentleman  from  New 
*  York  and  others,  are  in  a  combination  against  me  in 
"  this  business."  These  words  being  taken  down, 
and  read  by  the  President,  the  member  from  North 
Carolina  acknowledged  they  were  truly  taken  down. 

APRIL  24,  1778. 

Mr.  Burke,  a  member  from  North  Carolina,  moved, 
as    his  right,   to  return   an   answer  in    writing  to  the 
charges  against  him  for  his  conduct  and  expressions 
vol.  i.  9 


6(j  SECRET  JOURNAL.  [April  25, 

which  gave  offence  to  the  house,  and  that  his  answer 
be  entered  on  the  journal. 

On  the  question  put,  Whether  it  is  the  right  of  the 
member  to  return  his  answer  in  the  manner  demand- 
ed, and  whether  it  shall  be  entered  on  the  journal — 

|;   solved  in  the  negative. 

I;   -olved.  That  Mr.   Burke  be  heard  in  his  place. 

Mr.  Burke  being  heard,  and  sundry  witnesses  ex- 
amined relative  to  the  sending  the  messenger,  and  the 
delivery  ot  the  message,  &c.  which  passed  out  of 
Congress — 

A  motion  was  made  on  the  conduct  and  expressions 
of  Mr.  Burke. 

Resolved,  That  the  same  be  referred  to  a  commit- 
tee  of  three. 

The  members  chosen — Mr.  Chase,  Mr.  Dana,  and 
Mr.  Drayton. 

APRIL  25,  1778. 

The  committee  to  whom  was  referred  the  motion 
made  yesterday,  respecting  the  conduct  and  expres- 
sions of  Mr.  Butke,  brought  in  a  report,  which  was 
agreed  to  as  follows  : 

Congress  taking  into  consideration  the  minutes  of 
the  behaviour  of  Mr.  Burke  in  the  house,  on  the  even- 
ing of  the  tenth  of  April  instant,  of  his  answer  that 
evening  by  their  messenger,  and  of  his  conduct  in  the 
house  the  next  day  ;  and  the  said  minutes  being  read, 
Mr.  Burke  being  heard  in  his  place,  and  witnesses 
examined,  it  appears  to  Congress,  and  they  ac- 
ingly 


1778.]  DOMESTICK  AFFAIRS.  W 

Resolved,  That  the  manner  in  which  Mr.  Burke 
withdrew,  on  the  evening  of  the  tenth  instant,  was 
disorderly  and  contemptuous;  and  that  the  answer 
then  returned  by  him  was  indecent.  That  the  princi- 
ple upon  which  he  has  attempted  to  justify  his  with- 
drawing from  the  house  is  dangerous,  because  it 
strikes  at  the  very  existence  of  the  house,  and,  as  in 
the  present  case  actually  happened,  would  enable  a 
single  member  to  put  an  instant  stop  to  the  most  im- 
portant proceedings  of  Congress.  That  his  charge 
against  the  member  from  New  York  and  others,  of  a 
combination  against  him,  not  having  been  even  at- 
tempted by  him  to  be  supported  by  evidence  ;  there- 
fore, it  appears  to  be  affrontive  and  groundless. 

Ordered,  That  a  copy  of  the  minutes,  and  of  the 
proceedings  respecting  Mr.  Burke,  be  transmitted  to 
the  assembly  of  North  Carolina. 

APRIL  29,   1778. 

The  committee  appointed  to  prepare1  proposals  to 
such  foreign  officers  and  soldiers  as  incline  to  become 
citizens  of  America,  brought  in  a  report,  which  being 
read  and  amended,  was  agreed  to  as  follows  : 

To  the  officers  and  soldiers  in  the  service  of  the  king 
of  Great  Britain,  not  subjects  of  the  said  king: 

The  citizens  of  the  United  States  of  America  are  en- 
gaged in  a  just  and  necessary  war — a  war  in  which 
they  are  not  the  only  persons  interested.  They  con- 
tend tor  the  rights  of  human  nature,  and  therefore  me- 
rit the  patronage  and  assistance  of  all  mankind.  Their 
success   will  secure  a   refuge    from    persecution    and 


68  SECRET  JOURNAL.  [April  29, 

tyranny  to  those  who  wish  to  pursue  the  dictates  of 
their  own  consciences,  and  to  reap  the  fruits  of  their 
own  industry! 

That  kind  Providence,  who  from  seeming  evil  often 
produces  real  good,  in  permitting  us  to  be  involved  in 
this  cruel  war,  and  you  to  be  compelled  to  aid  our 
enemies  in  their  vain  attempts  to  enslave  us,  doubtless 
ii.it li  m  view  to  establish  perfect  freedom  in  the  new 
world,  for  those  who  are  borne  down  by  the  oppres- 
sion and  tyranny  of  the  old. 

Considering,  therefore,  that  you  are  reluctantly 
compelled  to  be  instruments  of  avarice  and  ambi- 
tion, wc  not  only  forgive  the  injuries  which  you  have 
been  constrained  to  offer  us,  but  we  hold  out  to  your 
acceptance  a  participation  of  the  privileges  of  free  and 
independent  states.  Large  and  fertile  tracts  of  coun- 
try invite  and  will  amply  reward  your  industry. 

Townships,  from  twenty  to  thirty  thousand  acres  of 
land,  shall  be  laid  out  and  appropriated  to  such  of  you 
as  will  come  over  to  us,  in  the  following  manner. 

Every  captain  who  shall  bring  with  himself  forty 
men  from  the  service  of  the  enemy,  before  the  first 
day  of  September,  1778,  shall  receive  eight  hundred 
acres  of  good  woodland  ;  also  four  oxen,  one  bull, 
three  cows,  and  four  hogs.  If  this  captain  is  accompa- 
nied with  his  lieutenant,  the  lieutenant  shall  receive 
four  hundred  acres  of  woodland,  also  two  oxen,  two 
cows,  and  four  hosrs. 

Every  sergeant  who  shall  accompany  his  captain 
shall  receive  two  hundred  acres  of  land,  two  oxen,  one 
bull,  one  cow,  and  three  hogs. 


1778.]  DOMESTICK  AFFAIRS.  6t 

Every  soldier  who  shall  accompany  his  captain 
shall  receive  fifty  acres  of  land,  one  ox,  one  cow,  and 
two  hogs. 

If  a  lieuienant,  or  other  commissioned  officer  under 
the  rank  of  a  captain,  shall  bring  off  from  his  company 
twenty-five  men,  he  shall  receive  six  hundred  acres  of 
land,  two  oxen,  two  cows,  and  four  hogs. 

I  Every  sergeant  or  non-commissioned  officer  who 
shall  bring  off  parties  of  men,  shall  receive  an  addi- 
tional bounty  of  twenty  acres  of  land  for  every  man  so 
brought  off.  And  every  soldier,  who  shall  come  oft' 
without  a  commissioned  or  non-commissioned  officer, 
shall  receive  fifty  acres  of  land  ;  and  if  he  brings  off 
his  arms  and  accoutrements,  an  additional  bounty  of 
twenty  dollars. 

Such  officers  and  soldiers  shall  be  at  liberty  imme- 
diately to  employ  themselves  in  the  settlement  of  their 
farms,  without  being  obliged  to  do  any  military  duly  ; 
and  they  shall  receive  rations  in  proportion  to  their 
rank  for  the  space  of  six  weeks. 

The  stock  hereby  offered  shall  be  given  to  such 
officers  and  soldiers  as  shall  actually  settle  on  the 
lands  respectively  granted  to  them. 

Such  of  the  officers  and  non-commissioned  officers 
as  choose  to  enter  into  the  military  line,  shall  receive 
an  additional  rank  in  detached  corps,  which  shall  be 
formed  of  native  Germans  of  those  who  now  reside  in 
America ;  which  corps  shall  not  be  employed  but  with 
their  own  consent  in  any  other  service  than  that  of 
guards  at  a  distance  from  the  enemy,  or  in  garrison  on 
the  western  frontiers. 


70  SECRET  JOURNAL.  [April  29, 

Such  of  you  as  are  skilled  in  manufactures,  over  and 
above  these  lands  and  other  articles,  will  find  riches 
in  prosecuting  your  occupations,  the  necessaries  of 
life  being  very  cheap  in  proportion  to  the  price  of 
manufactures,  and  the  demand  for  thorn  is  so  great, 
that  every  mechanick  will  find  full  employment.  Some 
of  you  have  had  an  opportunity  of  observing  the  truth 
of  these  assertions,  and  will  doubtless  inform  their 
countrymen  and  acquaintance  of  these  facts, 

We  have  hitherto  met  you  in  the  field  of  battle, 
with  hostile  minds,  urged  on  by  the  great  principle  of 
self-defence;  yet  in  ihose  instances,  where  the  fortune 
of  war  hath  delivered  any  of  your  countrymen  into 
our  hands,  we  appeal  to  them  that  our  enmity  hath 
ceased  the  moment  they  were  disarmed;  and  we  have 
treated  them  more  like  citizens  than  prisoners  of  war. 
We  now  address  you  as  part  of  the  great  family  of 
mankind,  whose  freedom  and  happiness  we  most  ear- 
nestly wish  to  promote  and  establish. 

Disdain,  then,  to  continue  the  instruments  of  fran- 
tick  ambition  and  lawless  power.  Feel  the  dignity  and 
importance  of  your  nature.  Rise  into  the  rank  of 
free  citizens  of  free  states.  Desist  from  the  vain  at- 
tempt to  ravage  and  depopulate  a  country  you  cannot 
subdue,  and  accept  from  our  munificence  what  can 
never  be  obtained  from  our  fears.  We  are  willing  to 
receive  you  with  open  arms  into  the  bosom  of  our 
country.  Come,  then,  and  partake  of  the  blessings 
we  tender  you  in  sincerity  of  heart. 

In  the  name  of  these  sovereign,  hee,  and  indepen- 
dent states  we  promise  and  engage  to  you  that  great 
►privilege  of  man,  the  free  and  uninterrupted  exercise 


1778.]  DOMESTICK  AFFAIRS.  71 

of  your  religion,  complete  protection  of  your  persons 
from  injury,  the  peaceable  possession  of  the  fruits  of 
your  honest  industry,  the  absolute  property  in  the  soil 
granted  to  you  to  defend,  unless  you  shall  otherwise 
dispose  of  it,  to  your  children  and  your  children's 
children  for  ever. 

Resolved,  That  it  be  recommended  to  the  several 
states,  who  have  vacant  lands,  to  lay  off  with  as  much 
expedition  as  possible,  a  sufficient  quantity  of  lands  to 
answer  the  purposes  expressed  in  the  foregoing  ad- 
dress ;  for  which  lands  no  charge  is  to  be  made  against 
the  United  States. 

On  the  question  to  agree  to  the  foregoing  address 
and  resolution,  the  yeas  and  nays  being  required — 

Massachusetts  Bay,  Mr.  Gerry, 
Mr.  Love II, 
Mr.  Dana, 

Rhode  Island,  Mr.  Ellery,  No.  )>No. 

Connecticut,  Mr.  Sherman,        No.  ^ 

Mr.  Huntington,    No.  V  No. 
Mr.  Wolcott,         No.) 

New  York,  Mr.  Duer,  Ay.  >   . 

Mr.  Morris,  Ay.  3 

New  Jersey,  Mr.  Scudder,         No.  ^No. 

Pennsylvania,  Mr.  J.  B.  Smith,    Ay.  )»Ay. 

Maryland,  Mr.  Chase,  Ay.^j 

Mr.  Plater,  No.  I  ^ 

t\,i     ri        11  a       >  Divided. 

Mr.  Carroll,  Ay.  f 

Mr.  Henry,  No.J 


73  SECRET  JOURNAL.  [May  21, 

Virginia,  Mr.  F.  L.  Lee, 

Mr.  Banister,  Ay.}  Ay. 

Mr.  T.  Adams, 

South  Carolina,         Mr.  Laurens, 

Mr.  Drayton,          Ay.J>  Ay. 
Mr.  Matthews, 

Georgia,  Mr.  Langworthy,  Ay.  )>Ay. 

So  it  was  resolved  in  the  affirmative. 

Ordered,  That  one  thousand  copies  of  the  address 
be  published  in  the  German  language  and  dispersed 
as  general  Washington  and  the  board  of  war  shall 
direct. 


MAY   21,   1778. 

The  committee,  consisting  of  Mr.  R.  H.  Lee,  Mr. 
F.  L.  Lee,  and  Mr.  G.  Morris,  to  whom  was  referred 
a  memorial  from  divers  persons  late  inhabitants  of 
Nova  Scotia,  report  as  their  opinion — 

That  the  wresting  Nova  Scotia  from  the  British 
power,  and  uniting  the  same  to  these  states,  is,  for 
many  weighty  reasons,  a  very  desirable  object ;  but 
thai  the  propriety  of  making  this  attempt  at  the  pre- 
sent crisis  seem*  doubtful  ;  and  upon  the  whole  it  ap- 
pears most  wise  to  wait  a  while,  until  the  event  ol  a 
WLtr  taking  place  between  France  and  Great  Britain, 
and  the  consequences  that  may  have  upon  the  British 
force  on  this  continent,  shall  render  an  attempt  upon 
Nova  Scotia  more  likely  to  succeed.  If,  however,  any 
concurrence  of  circumstances  should  render  success  in 
this  undertaking  probable,  it  is  the  opinion  of  the 
committee   that  the  honourable  council  of  Massachu- 


1778.]  DOMESTICK  AFFAIRS.  73 

setts  Bay  should  be  empowered,  at  continental  ex- 
pense, to  furnish  the  inhabitants  of  Nova  Scotia  with 
a  force  not  exceeding  two  regiments  to  assist  in  ac- 
complishing the  purpose  proposed  in  the  said  memo- 
rial. 

Resolved,  That  Congress  agree  to  the  said  report. 

MAY  23,  1778. 

A  motion  being  made,  "  That  ihe  resolution  of  the 
"  19th  August,  1777,  relative  to  lieutenant  colonel 
"  Carrington  be  expunged  from  the  Journal" — a  motion 
was  made  in  lieu  thereof  as  follows  : 

Whereas  Congress  are  fully  satisfied  that  lieutenant 
colonel  Carrington,  from  a  sense  of  the  impropriety  of 
his  conduct  to  his  excellency  Patrick  Henry,  Esq. 
governour  of  Virginia,  had,  before  he  knew  of  any  re- 
solution having  been  passed  by  Congress  relative  to 
him,  made  a  suitable  and  satisfactory  apology  to  gover- 
nour Henry  : 

Resolved,  That  lieutenant  colonel  Carrington  stands, 
in  the  opinion  of  Congress,  in  as  favourable  a  point  of 
view  as  if  the  resolution  of  Congress  of  the  19th  of 
August,  1777,  had  not  been  entered  into  ;  which,  on 
the  question  put,  was  agreed  to. 

It  was  then  moved  to  add  "  And  that  the  same  be 
"not  published  in  the  printed  journal  ;"  to  which  an 
amendment  was  moved,  so  that  it  read — "  And  that 
"  the  present  and  former  resolution  of  the  19th  August, 
"  1777,  be  not  published  in  the  printed  journal." 

On  the  question  to  agree  to  the  amendment,  the 
yeas  and  nays  being  required — 
vol.  r.  10 


74  SECRET  JOURNAL.  [May  23, 

New  Hampshire,       Mr.  Bartlet,  Ay.  )>Ay. 

Massachusetts  Bay,  Mr.  S.  Adams,  No.' 

Mr.  Gerry,  No.  .  „ 

Mr.  Lovell,  No.  ? 

Mr.  Dana,  No. 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 

Pennsylvania, 

Delaware, 

Maryland, 

Virginia, 

South  Carolina, 

Georgia, 


Mr.  Ellery, 


Ay.  >Ay. 


Mr.  Sherman,         No.  i 
Mr,  Huntington,    Ay.>  Ay. 
Mr.  Wolcott,  Ay.  } 

Mr.  Duer,  Ay.  ^X 

Mr.Witherspoon,Ay.)DiviDED> 
Mr.  Scudder,  No.  3 

Mr.  James  Smith,  Ay.  )>Ay. 

Mr.  M'Kean,  No.  )>No. 


Mr.  Plater, 
Mr.  Carroll, 
Mr.  Henry, 


No.) 
Ay.>  Ay. 
Ay-S 


Mr.  R.  H.  Lee,  Ay.) 

Mr.  F.  L.  Lee,  Ay.V  Ay. 

Mr.  Banister,  Ay.) 

Mr.  Laurens,  No.^ 

Mr.  Drayton,  No.  I  n 

T\i      i\i    4.U  a       >Divided. 

Mr.  Matthews,  Ay.  [ 

Mr.  Hutson,  Ay. J 

Mr.  Langworthy,  Ay.  ^Ay. 


So  it  was  resolved  in  the  affirmative. 
The    amendment    being  adopted,    and    a    question 
about  to  be  put,  that  it  pass  into  a  resolution,  a  motion 


1778.]  DOMESTICK   AFFAIRS.  "li 

was  made  to  divide;  and  the  question  being  put  on 
the  firs'  part,  and  ihe  yeas  and  nays  required — 

ResoKed  in  the  affirmative,  every  member  answer* 
ingAy. 

The  question  was  then  put  on  the  second  part, 
namely, 

"  An<)  that  the  present  and  former  resolution  of  the 
"  19th  August,  1777,  he  not  published  in  the  printed 
"journal;"  on  which  the  yeas  and  nays  being  re- 
quired— 

New  Hampshire,       Mr.  Bartlet,  Ay.  )>Ay. 

Massachusetts  Bay,  Mr.  S.  Adams,  No.^ 

Mr   Gerry,  No.  ' 

Mr.  Lovell,  No.  f D<0' 

Mr.  Dana,  No.  J 

Rhode  Island,  Mr.  Ellery,  Ay.  )>Ay. 

Connecticut,  Mr.  Sherman,         No.} 

Mr.  Huntington,    Ay.>  Ay. 
Mr.  Wolcott,  Ay.) 

New  York,  Mr.  Duer,  Ay.  )>x 

New  Jersey,  Mr.  Witherspoon,  Ay.  >  n 

Mr.  Scudder,         No.  j  L,IVIDED' 

Pennsylvania,  Mr.  James  Smith,  Ay.  ^»Ay. 

Delaware,  Mr.  M'Kean,  No.  )>No. 

Maryland,  Mr.  Plater, 

Mr.  Carroll,  Ay.*>  Ay. 

Mr.  Henry, 


7tj  SECRET  JOURNAL.  [July  22, 

Virginia,  Mi.  R.  H.  Lee,     Ay*) 

Mr.  F.   L.  Lee,     Ay.V  Ay. 
Mr.  Banister,         Ay. ) 

South  Carolina,         Mr.  Laurens,  No. 

Mr.  Drayton,  No. 

Mr.  Matthews,  Ay.  j 

Mr.  Hutson,  Ay. J 

Georgia,  Mr.  Langvvorthy,  Ay.  )»Ay. 

So  it  was  resolved  in  the  affirmative. 

JULY  22,   1773. 

The  committee  on  the  treasury  brought  in  a  report. 

Before  it  was  read,  a  member  called  for  the  deter- 
mination of  a  question  which  was  postponed  on  the 
13th  at  the  request  of  a  state :  Whereupon  a  debate 
arose  which  should  have  preference,  the  report  from 
the  board  of  treasury,  or  the  determination  of  the 
question  postponed.  During  the  debate,  a  member 
desired  that  the  Secretary  might  give  information  re- 
specting the  practice  of  the  house.  This  being  ob- 
jected to,  a  motion  was  made — 

"  That  the  sense  of  the  house  be  taken  whether, 
,:  when  a  difference  of  opinion  arises  in  Congress 
"  with  respect  to  the  true  meaning  of  a  rule  of  the 
"  house,  a  member  may  of  right  ask  information  of  the 
"  Secretary  of  Congress  with  respect  to  the  practice 
"  of  the  house  on  the  rule  on  which  a  difference  of 
"  opinion  subsists." 

An  amendment  was  moved  to  insert,  after  "  infor- 
u  mation,"  these  words,  "  through  the  chair." 


1778.] 


DOMESTICK  AFFAIRS. 


77 


On  which  the  yeas  and  nays  being  required  by  Mr. 
G.  Morris — 


New  Hampshire, 
Massachusetts, 

Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 
Maryland, 

Virginia, 
South  Carolina, 


Mr.  Bartlet, 

Mr.  S.  Adams, 
Mr.  Gerry, 
Mr.  Dana, 
Mr.  Lovell, 


Ay.  )>Ay. 
Ay.) 


DED. 


Mr.  Marchant,      No.  )>No. 


Mr.  Sherman, 
Mr.  Hosmer, 


No.) 
Av.V  No. 


Mr.  A.  Adams,      No.) 

Mr.  Duer,  Ay.  )   . 

Mr.  G    Morris,       Ay.  $  Ay# 


Mr.  Wilherspoon,  Ay.  )   n 
Mr.  Elmer,  No.  5  Ul 


VIDED. 


Mr.  Reed, 

Mr.  Chase, 
Mr.  Plater, 
Mr.  Forbes,  , 

Mr.  R.  H.  Lee, 
Mr.  Banister, 
Mr.  T.  Adams, 
Mr.  Harvie, 


Ay.  )>Ay. 


\"'  ^Divided. 

Ay.  f 

No.J 


The  President  having  desired,  on 
this  occasion,  to  be  excused 
from  giving  his  vote,  was  by 
unanimous  consent  excused. 

Mr.  Drayton,         Ay. } 

Mr.  Matthews,       No.  V  No. 

Mr.  Hey  ward,       No.  3 


Georgia, 


Mr.  Telfair,  No.  >No. 


78  SECRET  JOURNAL.  [Aug.  4, 

So  the  house  being  equally  divided,  the  amendment 
dropped. 

Resolved,  That  the  further  consideration  of  the  mo- 
tion under  debate  be  postponed. 


AUGUST  4,  1778. 

A  letter  of  this  day  from  the  board  of  war,  signed, 
"  by  order  of  the  board,  T.  Pickering,  president," 
was  read  : 

Whereupon  it  was  moved  to  resolve — That  the  said 
letter  signed  "  by  order  of  the  board,  T.  Pickering" 
is  a  breach  of  the  privilege  of  Congress. 

On  motion  to  postpone  the  consideration  theroof, 
the  yeas  and  nays  being  required  by  Mr.  Marchant — 

New  Hampshire,       Mr.  Bartlet, 

Massachusetts,  Mr.  S.  Adams, 

Mr.  Dana, 
Mr.  Holten, 

Rhode  Island,  Mr.  Marchant,      No.  )>No. 

Connecticut,  Mr.  Sherman,         Ay.) 

Mr.  Hosmer,  Ay.  >  Ay. 

Mr.  A.  Adams,      Ay. 3 

New  York,  Mr.  Lewis,  Ay.  >  A 

Mr.  Duer,  Ay.  \  Av' 


New  Jersey, 


Mr.  Sr udder,         Ay.  )   . 
Mr.  Boudinot,        Ay.  $  Ay* 


1778.] 

Pennsylvania, 
Maryland, 

Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


BOMESTICK  AFFAIRS. 

Mr.  R.  Morris, 
Mr.  Reed, 

Mr.  Chase, 
Mr.  Plater, 
Mr.  Forbes, 

Mr.  R.  H.  Lee, 
Mr.  Banister, 
Mr.  T.  Adams, 
Mr.  Harvic, 

Mr.  Penn, 
Mr.  Williams, 

Mr.  Laurens, 
Mr.  Drayton, 
Mr.  Matthews, 
Mr.  Heyward, 

Mr.  Walton, 
Mr.  Telfair, 


79 


Av 
Ay 


:! 


Av. 


Ay.) 

Ay.  >  Av. 

Ay-S 


Ay.>| 

No. 


Ay 


>Av. 


Ay.J 


So  it  was  resolved  in  the  affirmative. 


AUGUST  7,  1778. 

A  motion  was  made  to  amend  the  journal  of  yester- 
day, by  inserting  the  names  of  the  members  of  Con- 
gress, who  introduced  the  minister. 

Whereupon  a  question  was  moved,  Whether,  as  the 
journal  had  been  read,  and  other  matters  entered  on, 
such  a  motion  is  in  order,  unless  by  general  consent ; 
and  the  same  being  put — 

Resolved,  That  the  motion  to  amend  is  not  in  or- 
der. 


10 


SECRET  JOURNAL. 


[Aug.  7, 


The  letter  of  the  4th  signed  "  by  order  of  the  board, 
"  T.  Pickering."  was  called  for  and  read. 

Whereupon  leave  was  asked  to  withdraw  the  mo- 
tion made  on  the  said  letter  on  Wednesday  ;  and, 
leave  being  given,  the  motion  was  accordingly  with- 
drawn. 

It  was  then  moved  to  resolve,  "  That  it  is  the  duty 
;'  of  the  board  of  war  implicitly  to  obey  and  execute 
••  every  order  or  direction  of  Congress,  agreeably  to 
"  the  terms  of  such  order  or  direction  ;  and  that  any 
"  neglect  or  delay  in  executing  any  order  of  Con- 
•:  gress,  and  every  excuse  for  disobedience,  and  any 
"  evasion  to  execute  such  order,  is  a  breach  of  duty 
"  and  derogatory  to  the  authority,  honour,  and  dig- 
"  nity  of  Congress.  That  the  letter  of  the  4th  instant, 
"  signed,  '  by  order  of  the  board,  T.  Pickering,'  can- 
"  not  be  considered  the  act  of  the  board  of  war,  bc- 
"  cause  the  resolve  of  Congress  of  the  21st  day  of 
"  April  requires  that  not  less  than  three  persons  be 
"present  to  constitute  a  board  of  war.  That  T. 
"  Pickering,  esquire,  by  writing  the  said  letter,  and 
"  Richard  Peters,  esquire,  by  assenting  thereto,  were 
"  guilty  of  a  high  insult  to  this  house.  That  by  re- 
'•  questing  Congress  to  excuse  them  from  an  immediate 
"execution  of  their  order  to  arrest  and  safely  keep 
"colonel  B.  Flower,  they  were  guilty  of  a  breach  of 
uduty.  That  by  requesting  Congress  that  a  mili- 
tary arrest  should  be  the  only  restraint  on  the  per- 
"  son  of  colonel  Flower,  they  were  guilty  of  a  diso- 
"  bedience  to  the  authority  of  Congress.  That  their 
"  offering  reasons  to  prove  the  innocence  of  colonel 
"Flower,  wo*   in=olent  and  affrontive.     That   bv  ex- 


1778.]  DOMESTICK  AFFAIRS.  31 

"  pressing  their  extreme  pain  and  reluctance  to  carry 
11  the  resolve  of  Congress  to  arrest  and  safely  keep 
"  colonel  Flower  into  execution,  they  were  guilty  of  a 
"  disobedience  to  the  power  and  authority  of  Con- 
"gress.  And  that  their  conduct  was  insolent  and 
"  affrontive  to  the  honour  and  dignity  of  Congress." 

To  which  an  amendment  in  lieu  of  the  whole  was 
moved  in  the  words  following  : 

"  Ordered,  That  T.  Pickering  and  R.  Peters,  cs- 
"  quires,  commissioners  of  the  board  of  war,  be  forth- 
"  with  directed  to  attend  at  the  bar  of  this  house,  to 
"  answer  such  questions  as  may  be  put  to  them,  seve- 
rally, touching  an  order  of  this  house  of  the  3d  in- 
"  stant,  and  also  touching  a  letter  dated  the  4th  instant, 
"signed  '  by  order  of  the  board,  T.  Pickering,'  and 
"  directed  to  the  President  of  the  house." 

After  debate,  a  motion  was  made  that  the  farther 
consideration  of  the  letter  and  the  several  resolutions 
moved  be  postponed  till  to-morrow. 

On  which  the  yeas  and  nays  being  required  by  Mr. 
Marchant — 

New  Hampshire,       Mr.  Bartlet,  Ay.  )>Av. 

Massachusetts  Bay,  Mr.  Gerry  excused,  not  being  pre- 
sent at  the  debate. 


Mr. 

Mr. 
Mr. 

Dana, 

Lovell, 

Holten, 

No. 
Ay. 

Ay. 

i  Ay. 

Rhode  Island, 

Mr. 

Marchant, 

No. 

)>No. 

Connecticut, 

Mr. 
Mr. 
Mr. 

Sherman, 
Hosmer, 
A.  Adams, 

No. 
Ay. 
No. 

SNo; 

VOL.    I. 

11 

C2 

New  York, 
New  Jersey, 

Pennsylvania, 
Maryland, 

Virginia; 

North  Carolina, 
South  Carolina, 

Georgia, 


SECRET  JOURNAL. 

Mr.  Lewis,  No. 

Mr.  G.  Morris,      Ay 


[Aug.  S, 


:1D 


IVIDED. 


Mr.  Witherspoon,No. } 
Mr.  Scudder,         No.  J>  No. 
Mr.  Boudinot, 


Ay.> 


Mr.  R.  Morris, 
Mr.  Roberdeau, 

Mr.  Chase, 
Mr.  Plater, 
Mr.  Forbes, 


Mr.  R.  H.  Lee,  No."| 

Mr.  Banister,  Ay.  I  . 

Mr.  T.  Adams,  Ay.  f 

Mr.  Harvie,  Ay. J 


Mr.  Penn, 
Mr.  Williams, 

Mr.  Laurens, 
Mr.  Drayton, 
Mr.  Matthews, 
Mr.  Heyward, 


Ay. 

No 


:\° 


IVIDED. 


No.^j 
No.  t 
Ay.  f 
Ay.J 


Divided. 


Mr.  Telfair,  Ay.  )>Av. 


So  it  was  resolved  in  the  affirmative. 


AUGUST  8,  1778. 

A  letter  of  this  day  from  T.  Pickering  and  R.  Pe- 
ters, two  of  the  commissioners  of  the  board  of  war, 
was  read. 

Whereupon  it  was  moved  to  resolve,  That  Congress 
do  admit  the  letter  of  this  date,  signed  T.  Pickering 
and  R.  Peters,  as  a  sufficient  atonement  for  the  letter 


1778.] 


DOMESTICK  AFFAIRS. 


?" 


Mr.  Holtcn, 

Mr.  Marchant,      No.  )>No. 


Mr.  Sherman, 
Mr.  Hosmer, 
Mr.  A.  Adams, 


No.) 
No.V  No. 
No.S 


of  the  4th  instant  signed  "  by  order  of  the  board,  T. 
"  Pickering."  The  previous  question  was  moved, 
that  that  question  be  not  now  put ; 

And  the  yeas  and  nays  being  thereon  required  by 
Mr.  Drayton — 

New  Hampshire,       Mr.  Bartlet,  Ay.  )>Ay. 

Massachusetts  Bay,  Mr.  Adams, 
Mr.  Dana, 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 
Maryland, 

Virginia, 


North  Carolina, 
South  Carolina, 


Mr.  Duer,  Ay.  )   . 

Mr.  G.  Morris,    (  Ay.  $  AY' 

Mr.  Witherspoon,  No.  >  » 
Mr.  Scudder,         No.  $  i>0. 


Mr.  Chase, 
Mr.  Plater, 
Mr.  Forbes, 


No.) 
Ay.>  No. 
No.> 

No.^i 


Mr.  R.  H.  Lee, 

Mr.  Banister,  Ay.  I  ^ 

M     T    Ai    '  AJ    > Divided, 

Mr.  1 .  Adams,  Ay.  ( 

Mr.  Harvie,  No.  J 


Mr.  Penn, 

Mr.  Laurens, 
Mr.  Drayton, 
Mr.  Matthews, 
Mr.  Heyward, 


Ay.  )>Ay. 


No. 


Georgia, 


Mr.  Telfair,  No.  >No. 


84 


SECRET  JOURNAL. 


[Aug.  17 


So  it  passed  in  the  negative. 
The  main  question  being  then  put- 
Resolved  in  the  affirmative. 


AUGUST  17,  1778. 

The  committee,  consisting  of  Mr.  Chase,  Mr.  Mar- 
chant,  and  Mr.  Pcnn,  to  whom  was  referred  the  memo- 
rial of  Thomas  Towson,  on  behalf  of  himself  and 
other  inhabitants  of  New  Providence,  report,  "  That 
"  having  made  enquiry  into  the  matter  of  the  said 
"  memorial,  they  are  informed,  and  believe,  that  the 
"  said  Thomas  Towson,  and  also  John  and  William 
•'  Baldwin,  John  Frazier,  and  John  Outen,  in  the  said 
"  memorial  named,  are  natives  of  the  state  of  Mary- 
"  land,  from  whence  they  departed  previous  to  the 
'^commencement  of  the  present  war;  that  James 
"Gould,  another  person  therein  named,  is  a  native  of 
"  the  state  of  Rhode  Island,  but  hath  resided  in  the 
'-'•  island  of  New  Providence  for  many  years  ;  and  that 
"  Thomas  Dunscomb,  John  Bunch,  and  John  Hunt, 
"are  not  natives  of  any  of  these  United  States  ;  but 
"  that  all  the  said  persons  are  well  attached  to  the 
"cause  and  rights  of  America,  and  willing  and  desi- 
;;  rous  to  become  subjects  of  the  United  States,  and  to 
"  support  their  freedom  and  independence  :"  Where- 
upon, 

Resolved,  That  passports  be  given  to  Thomas 
Towson,  John  Baldwin,  William  Baldwin,  John 
Frazer,  John  Bunch,  John  Oaten,  James  Gould, 
Thomas  Duncomb,  and  John  Hunt,  inhabitants  of  the 
island  of  New  Providence,  signed  by  the  President, 


1778.]  DOMESTICK  AFFAIRS.  :., 

and  countersigned  by  the  Secretary  of  Congress,  in 
the  form  following : 

To  all  to  whom  these  presents  shall  come,  We  the 
Congress  of  the  United  States  of  America,  send 
Greeting : 

Know  ye,  that  we,  being  well  satisfied  of  the  fidelity 
and  attachment  of  now  an  inhabitant 

of  the  island  of  New  Providence,  and  being  notified 
of  his  design  to  remove  from  the  said  island  to  some 
place  within  the  jurisdiction  and  authority  of  the  said 
states,  with  intent  to  become  subject  to  the  same — 
Now,  therefore,  by  these  presents  we  do  advise,  re- 
quest, and  require,  all  captains  and  commanders  of 
ships  and  vessels  of  war,  whether  publick  or  private, 
holding  commissions  under  us,  and  all  other  persons 
whom  it  may  concern,  whether  subjects  of  the  said 
states,  or  any  of  them,  or  of  princes  their  allies,  to 
permit  the  said  his  family  and  pro- 

perty, safely  to  pass  to  these  states,  unmolested  ;  and 
to  give  them  such  aid  and  assistance  as  may  be  proper 
and  convenient. 

Given  at  Philadelphia,  the  day  of 

in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy-eight.  In  witness  whereof  we  have 
caused  these  our  letters  to  be  signed  by  our  President, 
on  the  day  and  year  aforesaid. 

AUGUST  28,  1778. 

A  letter  of  25th,  from  general  Washington,  was  read, 
enclosing  the  following  papers  :  1st.  A  copy  of  a  leU 
terof  23d  from  major  general  Sullivan.     2d.  A  copy 


U6  SECRET  JOURNAL.  [Sept.  16, 

of  a  remonstrance  from  major  general  Greene  to  count 
D'Estaing,  dated  August  21st.  3d.  Copy  of  count 
D'Estaing's  letter  of  21st  August  to  major  general 
Sullivan.  4th.  A  protest  of  the  general  officers  com- 
manding brigades  in  the  army  under  his  command,  in 
consequence  of  the  determination  of  count  D'Estaing 
to  sail  from  Rhode  Island. 

Ordered,  That  the  contents  of  the  said  letters  and  pa- 
pers be  kept  secret,  except  the  sailing  of  count  D'Es- 
taing's squadron  from  Rhode  Island  ;  but  that  the  Pre- 
sident communicate  them  to  the  minister,  and  inform 
him  of  the  injunction  of  secrecy. 

A  motion  was  made  that  the  letter  and  papers  be 
committed  5  which  was  lost  by  the  previous  question. 

Ordered,  That  general  Washington  take  every  mea- 
sure in  his  power  that  the  protest  of  the  officers  of 
major  general  Sullivan's  army  against  the  departure  of 
count  D'Estaing  be  not  made  publick. 

SEPTEMBER  1G,  1773. 

Resolved,  That  general  Washington  be  informed 
that  Congress  highly  approve  of  his  laying  up  maga- 
zines of  forage  and  provisions  at  such  places  as  he 
shall  think  proper  for  prosecuting  an  expedition  into 
Camda  in  the  winter,  if  the  motions  of  the  enemy 
shall  render  this  measure  expedient;  and  that  the  ge- 
neral be  desired  to  make  every  preparation  of  cloth- 
ing, and  new  shoes,  and  other  articles  for  this  purpose, 
which  he  shall  deem  nccessarv. 


1778.]  DOMESTICK  AFFAIRS.  81 


OCTOBER  24,  1778. 

Mr.  Gouverneur  Morris  having  informed  the  house 
that  he  hath  received  application  from  a  person  in  the 
city  of  New  York,  to  know  whether,  in  the  opinion  of 
the  delegates  of  that  state,  he  may,  with  safety  to  his 
person  and  property,  continue  in  that  city  upon  the 
evacuation  thereof  by  the  British  troops  ;  and  having 
further  informed,  that  the  said  person  is  in  capacity  to 
give  useful  intelligence,  and  probably  will  do  it,  if  he 
shall  receive  assurances  that  it  will  be  recommended 
to  the  state  of  New  York  to  afford  him  protection — 
i  Resolved,  That  the  said  G.  Morris  be  empowered 
to  give  him  such  assurances,  on  condition  that  he  shall 
give  intelligence  of  whatever  may  come  to  his  know* 
ledge  relating  to  the  numbers,  movements  and  designs 
of  the  enemy. 

OCTOBER  28,  1778. 

The  committee  to  whom  was  referred  a  memorial  of 
Alexander  M'Nut,  report — 

"  That,  after  a  conference  with  the  memorialist,  it 
"  appears  that  any  further  proceeding  thereon  is  at  this 
"  time  unnecessary.  That  the  memorial  be  filed  in  the 
"  Secretary's  office  ;  and  that  the  sum  of  three  hundred 
"  dollars  be  presented  to  Mr.  M'Nut  in  consideration  of 
"  the  expenses  he  has  incurred  in  his  endeavours  to 
"  serve  the  United  States." 

Resolved,  That  Congress  agree  to  the  said  report. 


88  3ECRET  JOURNAL.  [Nov.  2, 


OCTOBER  31,  1778. 

The  board  of  war  having  taken  into  consideration 
the  papers  referred  to  them  by  Congress,  namely,  the 
letters  and  extracts  of  letters  from  the  governour  of 
New  Orleans — Mr.  Pollock  and  captain  James  Willing 
brought  in  a  report :   Whereupon, 

Resolved,  That  from  the  variety  of  operations  in 
which  we  are  at  this  time  engaged,  it  is  impracticable 
for  these  states  now  to  undertake  an  enterprise  of  the 
magnitude  recommended  by  governour  Galvez. 

That  governour  Bernardo  de  Galvez  be  informed  of 
the  above  resolution  ;  and  be  assured  that,  from  the 
favourable  aspect  of  our  affairs,  it  is  probable  Con- 
gress will  speedily  be  enabled  to  turn  their  attention 
to,  and  operate  effectually  in,  that  quarter. 

That  governour  Galvez  be  requested  to  accept  the 
thanks  of  Congress  for  his  spirited  and  disinterested 
conduct  towards  these  states;  and  be  assured,  that 
Congress  will  take  every  opportunity  of  evincing  the 
favourable  and  friendly  sentiments  they  entertain  of 
governour  Galvez,  and  all  the  faithful  subjects  of  his 
catholic  majesty  inhabiting  the  country  under  his  go- 
vernment. 

NOVEMBER  2,  1778. 

Whereas  a  considerable  force  hath  been  directed  to 
assemble  at  Charleston,  in  South  Carolina,  for  the  de- 
fence of  that  state  and  Georgia,  and  it  is  possible  that 
rnemy  may  not  make  an  attack  in  that  quarter — 


i 


1778.]  D0ME3TICK  AFFAIRS.  89 

Resolved,  That  in  such  case,  major  general  Lincoln 
be  directed  to  endeavour  to  reduce  the  province  of 
East  Florida. 


NOVEMBER  10,  1778. 

The  committee  to  whom  was  referred  a  report  of  a 
committee  of  the  general  assembly  of  the  state  of 
South  Carolina,  concurred  in  by  the  house  on  the  8th 
of  September,  1778,  and  ordered  to  be  transmitted  to 
Congress  ;  also  a  letter  from  major  general  Howe,  of 
the  22d  September,  relative  to  the  reduction  of  the 
province  of  East  Florida  ;  brought  in  a  report  :  Where- 
upon, 

Resolved,  That  the  President  be  directed  to  inform 
his  excellency  the  president  of  the  state  of  South  Ca- 
rolina, that  Congress,  by  their  resolution  of  the  2d 
instant,  have  directed  major  general  Lincoln  to  at- 
tempt the  reduction  of  the  province  of  East  Florida, 
in  case  the  enemy  should  not  make  an  attack  on  the 
states  of  South  Carolina  and  Georgia. 

That  Congress  highly  approve  of  the  resolution  of 
the  assembly  of  the  state  ot  South  Carolina,  in  direct- 
ing an  investigation  to  be  made  into  the  causes  of  the 
Creek  rupture,  in  order  that  reparation  may  be  made 
by  the  offending  party,  in  case  the  Creek  nation  shall 
have  just  cause  of  complaint;  and  in  making  prepara- 
tions to  carry  the  war  into  the  Creek  country,  if  a 
peace  cannot  be  effected  by  negotiation. 

That  major  general  Lincoln  be  authorized  to  enlist 
men  into  the  continental  battalions  of  the  state  of 
vol.  i.  12 


99  riECRET  JOURNAL.  [Nov.  10, 

South  Carolina  and  Georgia,  to  serve  during  the  con- 
tinuance of  the  expedition  against  East  Florida. 

That  if  major  general  Lincoln  shall  be  of  opinion 
that  the  continental  battalions  of  the  states  of  South 
Carolina  and  Georgia,  and  the  continental  levies  and 
recruits  from  the  states  of  Virginia  and  North  Caroli- 
na, will  not  be  a  sufficient  force  to  proceed  on  the  ex- 
pedition against  East  Florida,  he  be  authorized  to 
engage  a  number  of  volunteers,  not  exceeding  fifteen 
hundred,  to  serve  during  the  continuance  of  the  expe- 
dition ;  and  that  the  volunteers  so  engaged  be  organiz- 
ed into  such  corps  and  commanded  by  such  officers  as 
major  general  Lincoln  shall  approve  of. 

That  major  general  Lincoln  be  authorized  to  pledge 
the  faith  of  the  United  States  for  granting  to  the  offi- 
cer? and  men,  whether  continental  officers,  volunteers 
or  militia,  who  shall  accompany  him  to  East  Florida, 
and  continue  in  the  service  till  the  castle  of  St.  Augus- 
tine is  reduced,  the  same  proportions  of  land  as  is  al- 
lowed by  the  resolution  of  Congress  of  16th  Septem- 
ber, 1776  ;  that  this  bounty  shall  be  extended  to  the 
representatives  of  such  officers  and  soldiers  as  shall  be 
slain  or  die  during  the  continuance  of  the  expedi- 
tion. 

The  said  land  to  be  located  in  the  said  province  ; 
and  a  preference  to  be  given  in  the  location  to  the  offi- 
cers and  soldiers  who  shall  be  entitled  as  aforesaid. 

That  the  major  generals,  respectively,  vvho  shall  go 
on  the  expedition  against  East  Florida,  be  entitled  to  a 
grant  of  three  thousand  acres  of  land;  and  the  briga- 
dier generals,  if  any  shall  <,ro  on  that  service,  to  a  grant 


1778.]  DOMESTICK  AFFAIRS.  :>\ 

of  two  thousand  acres,  in  case  the  province  of  Ea  I 
Florida  should  be  reduced. 

That  the  commanding  officer  of  the  southern  de- 
partment be  authorized,  if  he  shall  judge  it  for  the 
good  of  the  service,  to  supply  colonel  Marbury's  com- 
pany of  light  horse  with  a  number  of  horses,  not  ex- 
ceeding two  hundred. 

That  it  be  recommended  to  the  government  of 
North  Carolina,  South  Carolina,  and  Georgia,  to  give 
every  assistance  in  their  power  to  major  general  Lin- 
coln, to  enable  him  to  reduce  the  province  of  East 
Florida. 

That  the  President  be  directed  to  inform  iheir  ex- 
cellencies the  governours  of  the  states  of  Maryland 
and  Virginia,  that  Congress  deem  it  of  high  impor- 
tance to  the  welfare  of  the  United  States,  that  eve  y 
exertion  should  be  made,  during  the  course  ol  the 
winter,  to  reduce  the  province  of  East  Florida. 

That  from  the  best  information  they  have  received, 
this  cannot  probably  be  effected  but  by  a  blockade  by 
water;  and  therefore  that  it  be  requested  of  the  said 
governments  to  direct  such  of  their  armed  galleys  as 
are  fit  for  this  service  to  be  fitted  out  with  all  possible 
despatch,  and  to  proceed  cither  in  company,  or  other- 
wise, as  the  governours  of  the  states  of  Maryland  and 
Virginia  shall  deem  most  expedient,  to  Charleston,  in 
South  Carolina ;  there  to  follow  such  orders  as  they  shall 
receive  from  the  commander  in  chief  of  the  department, 
or  from  the  officer  appointed  by  Congress  to  command 
the  galleys  of  the  respective  slates  employed  on  this 
expedition. 


92  SECRET  JOURNAL.  [Nov.  10, 

That  till  such  time  as  the  said  galleys  shall  return 
to  the  stales,  to  which  they  respectively  belong,  they 
shall  be  at  the  expense  and  risk  of  the  United  States. 
And  that  the  governours  of  (he  states  of  Maryland  and 
Virginia  be  desired  to  have  sworn  appraisement  made 
of  the  said  vessels,  their  tackle,  and  apparel,  to  ascer- 
tain their  value,  in  case  of  loss. 

And  whereas  it  is  represented  that  great  difficulties 
have  occurred  in  the  manning  the  said  galleys;  and 
the  success  of  the  expedition  depends,  in  the  most  es- 
sential manner,  on  their  services  : 

Resolved,  That  the  governours  of  the  states  of  Ma- 
ryland and  Virginia  be  authorized  to  assure  the  officers 
and  men  who  shall  navigate  the  said  galleys,  that  the 
continental  share  of  all  property  taken  by  the  said  gal- 
leys, or  any  of  them,  from  the  day  of  their  sailing  to 
their  return  to  their  respective  stations,  shall  be  releas- 
ed to  the  persons  capturing  the  same,  and  divided 
amongst  the  officers  and  men,  agreeably  to  the  resolu- 
tions of  Congress  relative  to  captures. 

That  the  governours  of  the  respective  states  of  Ma- 
ryland and  Virginia  be  authorized,  if  they  shall  judge 
it  expedient,  to  grant  a  bounty,  not  exceeding  forty 
dollars,  to  every  able  bodied  mariner  who  shall  enter 
on  board  the  said  galleys  for  the  space  of  six  months. 

That  the  marine  committee  be  directed  to  use  every 
possible  exertion,  in  co-operating  with  the  governours 
of  the  slates  of  Maryland  and  Virginia,  in  the  expedi- 
tious manning  of  the  galleys  to  be  furnished  for  this 
service. 

And  whereas  differences  relative  to  command  may- 
arise   amongst  the  officers  of  the   respective  states. 


1778.]  DOMESTICK  AFFAIRS.  93 

whose  galleys  are  employed,  which,  if  not  guarded 
against,  might  defeat  the  end  of  the  enterprise  : 

Resolved,  That  captain  John  Barry  be  and  he  is 
hereby  directed  to  lake  the  command  of  all  the  armed 
vessels  employed  on  the  intended  expedition,  subject 
to  the  orders  of  the  commander  in  chief  in  the  southern 
department ;  and  that  this  commission  continue  in 
force  till  the  expiration  of  the  intended  invasion  of  the 
province  of  East  Florida,  or  till  the  further  order  of 
Congress.  That  he  proceed  with  the  utmost  despatch 
to  the  state  of  Maryland,  in  order  to  expedite  the 
equipment  of  the  galleys  to  be  furnished  by  that  state  ; 
and  proceed  with  them  to  Charleston,  in  South  Caro- 
lina. 

Resolved,  That  Congress  approve  of  major  general 
Howe's  provident  attention  in  procuring  intelligence 
of  the  situation  and  strength  of  the  British  forces  and 
posts  in  East  Florida  ;  and  that  any  expense  which 
may  have  attended  this  service  shall  be  defrayed  by 
Congress. 

Resolved,  That  the  sum  of  two  hundred  and  one 
pounds  five  shillings,  in  specie,  be  granted  to  major 
general  Lincoln  to  facilitate  his  procuring  intelligence 
of  the  enemy's  strength  and  designs  in  the  province  of 
East  Florida  ;  and  that  the  board  of  war  be  directed 
to  cause  this  money  to  be  remitted  by  the  first  safe  op- 
portunity. 

Resolved,  That  major  general  Lincoln  be  autho- 
rized and  directed,  on  his  arrival  in  the  province  of 
East  Florida,  to  issue  a  proclamation  in  the  name  of 
these  United  States,  signifying  to  the  inhabitants  of  the 
said  province,  that  as  he  is  not  come  to  destroy,  but  to 


94  SECRET  JOURNAL.  [Nov.  10, 

protect  the  inhabitants  in  the  enjoyment  of  their  rights 
and  property,  he  will  receive  under  the  protection  of 
the  United  States,  all  such  persons  as  shall  repair  to 
his  standard  within  a  time  to  be  limited  in  the  said 
proclamation,  and  lake  an  oath  of  abjuration  of  alle- 
giance to  the  king  and  crown  of  Great  Britain,  except 
such  persons  as  may  have  been  attainted  of  high  trea- 
son in  any  of  the  said  states.  And  that  all  such  as  shall 
unite  wiih  him  in  the  reduction  of  the  said  province,  and 
embody  themselves  under  such  officers  as  he  shall  ap- 
prove of,  shall  be  entitled  to  the  same  pay  and  emolu- 
ments as  the  forces  engaged  in  the  same  service  are 
entitled  to.  And  further,  that  on  the  subversion  of 
British  tyranny  in  that  province,  and  the  establishment 
of  a  free  government,  they  shall  be  considered  as  pe- 
culiarly entitled  to  the  confidence  of  the  United  States. 

That  the  quartermaster  general  be  directed  to  ship 
on  board  the  armed  galleys  ordered  from  the  state  of 
Maryland  to  Charleston,  in  South  Carolina,  a  quantity 
not  exceeding  ten  tons  of  bar  iron. 

And  whereas  Congress  are  of  opinion,  that  it  will 
tend  greatly  to  ensure  the  success  of  the  enterprise  if 
the  embargo  on  rice  be  continued  in  force  till  such 
time  as  the  vessels  destined  to  form  the  blockade  by 
water  shall  have  arrived  in  the  basin  of  St.  Augustine  : 
Therefore, 

Resolved,  That  it  be  recommended  to  the  executive 
authority  of  the  states  of  South  Carolina  and  Georgia, 
to  continue  in  force  the  embargo  on  rice  till  the  event 
above  mentioned  shall  have  taken  place,  and  no 
longer :  Provided,  and  it  is  hereby  intended,  that  the 


1778]  DOMESTICK  AFFAIRS.  91 

said  embargo  shall  not  be  and  continue  in  force  longer 
than  the  thirty-first  day  of  January  next. 


NOVEMBER  30,   1778. 

Two  affidavits  relative  to  the  convention  troops 
were  read. 

Ordered,  That  they  be  referred  to  a  commiltec  of 
three;  and  that  the  said  committee  be  directed  to  lake 
measures  for  collecting  evidence  relative  to  the  infrac- 
tions made  by  the  enemy  on  the  convention  of  Sara- 
toga ;  and  that  all  the  evidence  heretofore  collected 
be  committed  to  the  said  committee. 

The  members — Mr.  Duane,  Mr.  Carmichael,  Mr. 
G.  Morris. 


DECEMBER  16,  1778. 

A  memorial  of  this  day  from  Alexander  M'Nut  and 
others  was  read. 

Ordered,  That  it  be  referred  to  a  committee  of  three. 

The  members — Mr.  Lovell,  Mr.  Whipple,  and  Mr. 
Witherspoon. 

DECEMBER  29,  1778. 

The  President  informed  Congress,  that  the  minister 
of  France  had  requested  him  to  communicate  the  fol- 
lowing information  to  Congress,  namely,  That  the 
minister  was  assured  by  good  intelligence  that  the  ene- 
my's fleet  at  Rhode  Island  were  greatly  distressed  for 
want  of  masts  and  spars  ;  that  a  mast  had  been  taken 
from  a  merchantman  of  six  hundred  tons,  and  put  into 


96  SECRET  JOURNAL.  [Jan.  15, 

a  man  of  war  of  the  line;  that  others  of  their  ships  of 
war  had  been  rigged  with  jury  masts  ;  and  that  they 
had  little  prospect  of  a  supply  from  Halifax  or  any 
other  of  their  ports  ;  that  there  was  in  New  Hamp- 
shire a  number  of  masts  fit  for  ships  of  the  line  ready 
to  be  exported  from  thence  to  St.  Domingo;  that  the 
enemy  have  been  advised  of  this,  and  arc  preparing  to 
intercept  them  :  That  it  is  his  opinion  it  would  be  of 
great  consequence  to  prevent  the  enemy  from  obtain- 
ing such  an  important  supply  ;  and  therefore  he  pro- 
posed, that  the  masts  should  be  sunk  during  the  win- 
ter ;  and,  as  an  inducement  thereto,  he  would  him- 
self pay  the  expense  of  sinking  and  raising  them, 
and  also  the  interest  of  whatever  sums  may  have  been 
expended  in  procuring  the  said  masts  until  the  next 
spring  :  Whereupon, 

Resolved,  That  it  be  most  earnestly  recommended 
to  the  states  ol  Massachusetts  Bay  and  New  Hamp- 
shire, to  take  the  most  effectual  measures  to  prevent 
any  masts  or  spars  from  being  exported  from,  or  laden 
on  board  of  any  ships  or  vessels  within  the  ports  of 
the  said  states. 

Ordered,  That  the  President  enclose  the  foregoing 
information  and  resolution,  and  write  fully  on  the  sub- 
ject to  the  executive  authorities  of  those  states. 

JANUARY  15,  1779. 

The  marine  committee,  to  whom  were  referred  let- 
ters from  the  governours  of  Maryland  and  Virginia, 
brought  in  a  report :  Whereupon. 


1779.]  DOMESTICK  AFFAIRS.  97 

Resolved,  That  considering  the  danger  and  risk  of 
a  sea  voyage  at  this  season,  the  impracticability  of 
manning  in  time,  and  the  probable  difficulty  of  supply- 
ing the  Maryland  galleys  with  provisions  during  the 
blockade,  the  design  of  employing  them  be  laid  aside. 

Ordered,  That  the  remainder  of  the  report  be  post- 
poned. 

JANUARY  19,  1779. 

The  committee  appointed  to  confer  with  general 
Washington,  brought  in  a  report,  and  desired  leave  to 
sit  again ;  and  at  the  same  time  desired  to  know 
whether  it  is  the  sense  of  Congress  that  they  should 
insert  in  their  next  report  the  plan  of  operations  for  the 
next  campaign,  that  may  come  to  their  knowledge  in 
the  course  of  their  conferences  with  the  commander  in 
chief. 

After  some  debate  thereon,  adjourned. 


JANUARY  22,  1779. 

The  committee,  consisting  of  Mr.  Duane,  Mr.  Root, 
Mr.  M.  Smith,  Mr.  G.  Morris,  and  Mr.  Laurens,  to 
whom  was  referred  a  letter  of  19th  December  last, 
from  major  general  Lincoln,  brought  in  a  report  : 
Whereupon, 

Resolved,  That  the  President  of  Congress  inform 
count  D'Estaing,  or  the  admiral  commanding  the  fleet 
of  his  most  christian  majesty  in  the  West  Indies,  of 
the  circumstances  of  Georgia  and  South  Carolina,  by 
the  invasion  of  the  enemy :  and  that  he  be  requested 
vol.  i.  13 


SECRET  JOURNAL.  [Jan.  281, 

to  allbrd  such  relief  as  may  be  in  his  power;  and  that 
ihc  president  of  South  Carolina  be  confidentially  re- 
quested to  cause  to  be  sent  to  count  D'Estaing,  from 
time  to  time,  the  earliest  information  respecting  the 
force  and  situation  of  the  enemy  in  Georgia  and  South 
Carolina. 

That  the  President  of  Congress  confer  with  the  sieur 
Gerard,  minister  plenipotentiary  from  his  most  chris- 
tian majesty,  on  the  subject  of  the  foregoing  resolution, 
in  order  to  obtain  his  interposition  with  count 
D'Estain£  for  the  relief  aforesaid. 

Resolved,  That  the  marine  committee  be  directed 
forthwith  to  fit  out  two  despatch  boats  to  carry  the 
despatches  of  Congress  to  count  D'Estaing ;  and  that 
the  marquis  de  Britigny  be  requested  to  take  charge 
of  one  of  those  despatches  to  the  count. 


JANUARY  28,  1779. 

The  President  informed  Congress,  that  the  minister 
of  France  expects  that  the  application  for  the  aid  to  be 
asked  of  count  D'Estaing  should  be  accompanied  with 
assurance  of  compensation,  agreeably  to  the  spirit  and 
meaning  of  the  fourth  article  of  the  treaty  of  alliance,  to 
be  hereafter  settled  by  a  convention  between  the  court 
of  France  and  the  United  States  :  Whereupon, 

Resolved,  That  a  committee  of  three  be  appointed 
to  take  the  same  into  consideration,  and  report  such 
resolution  on  (he  subject  as  may  be  proper,  in  their 
opinion,    for  Congress   to  enter  into  on    the  subject. 

The  members  chosen — Mr.  Laurens,  Mr.  S.  Adams, 
*nd  Mr.  Paca. 


1779.]  DOMESTICK  AFFAIR- 


JANUARY  29,    1779. 

Two  members  added,  viz.  Mr.  Ellsworth  and  Mr. 
Duane. 


FEBRUARY  3,  1779. 

A  memorial  of  this  date,  from  the  honourable  sieur 
Gerard,  minister  plenipotentiary  of  France,  was  read, 
respecting  the  quantity  of  flour  he  can  depend  upon 
for  the  fleet  of  his  most  christian  majesty  in  the  West 
Indies. 

Whereupon  it  was  moved,  That  the  committee  of 
conference  with  the  minister  of  France  be  instructed  to 
represent  the  evils  arising  from  the  high  rate  of  ex- 
change ;  and  confer  with  him  on  the  means  of  pre- 
venting them. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
being  required  by  Mr.  Laurens — 


New  Hampshi 

re, 

Mr.  Whipple, 
Mr.  Frost, 

No.)  n 

A      >  Divided 

Ay-5 

Massachusetts 

Bay, 

Mr.  Gerry, 
Mr.  Lovell, 
Mr.  Holten, 

No.) 

No.SNo. 

Ay.S 

Rhode  Island, 

Mr.  Ellery, 
Mr.  Collins, 

»!.*■ 

Connecticut, 

Mr.  Dyer, 

Mr.  Ellsworth, 
Mr.  Root, 

[Ay. 

100  SECRET  JOURNAL.  [Feb.  b, 

New  York,  Mr.  Jay,  Ay.^j 

Mr.  Duane,  Ay.  I  ^y 

Mr.  Louis,  Ay.  j 

Mr.  Floyd,  Ay. J 

New  Jersey,  Mr.  Fell,  Ay.  )  ^ 

Mi.FreIinghuysen,Ay.  $ 

Pennsylvania,  Mr.  Roberdeau,  Ay.^ 

Mr.  Clingan,  No.  | 

Mr.  Shippen,  Ay.  )>Ay. 

Mr.  Atlee,  Ay.  | 

Mr.  Srarle,  Ay.  J 

Delaware,  Mr.  M  Kean, 

Maryland,  Mr.  P.ica, 

Mr.  Carmichael, 
Mr.  Henry, 

Virginia,  Mr.  T.  Adams, 

Mr.  F.  L.  Lee, 
Mr.  Griffin, 

North  Carolina,         Mr.  Penn, 
Mr.  Hill, 
Mr.  Burke, 

South  Carolina,  Mr.  Laurens, 
Mr.  Drayton, 
Mr.  Hutson, 

So  it  was  resolved  in  the  affirmative. 


FEBRUARY  5,  1779. 

On  the  report  of  the  committee  to  whom  was  refer- 
red the  information  given  by  the  President — 

Resolved,  That  Congress,  by  requesting  aid  of  count 
D'Estaing,  have  it  in  view  to  destroy  the  ships  of  war, 


1779.]  DOMESTICK  AFFAIRS.  101 

and  expel  or  subdue  the  land  forces  of  the  common 
enemy  invading  the  southern  states. 

Resolved,  That  a  committee  <»f  two  be  appointed, 
who,  together  with  the  President,  shall  confer  with  the 
minister  plenipotentiary  of 'Francr.  f.rrd  prepare,  pro- 
per despatches  and  instructions  to  be  sent  by  the  mar- 
quis de  Bretigny  to  count  D'Estaing. 

The  members  chosen — Mr.  G.  Morris  and  Mr. 
Laurens. 

Ordered,  That  the  committee  apply  to  count  D'Es- 
taing for  such  supply  of  arms  and  ammunition  as  he 
can  spare,  to  be  sent  in  such  way  as  he  shall  judge 
most  safe,  to  Charleston,  in  South  Carolina,  for  the 
use  of  the  United  States. 


FEBRUARY  8,  1779. 

The  committee  appointed  to  confer  with  the  minis- 
ter of  France,  on  the  subject,  of  an  act  of  Congress  of 
the  5th,  declaring  their  intention  in  requesting  aid 
from  count  D'Estaing,  made  report  of  their  proceed- 
ings :    Whereupon, 

Resolved,  That  it  will  not  be  expedient  to  make  the 
proposed  application  for  aid  to  count  D'Estaing ;  and 
that  the  several  acts  of  Congress  on  that  subject  be, 
and  they  are  hereby  repealed. 

Ordered,  That  the  President  inform  the  honourable 
sieur  Gerard,  minister  plenipotentiary  of  France,  of 
the  above  resolution. 

The  committee,  consisting  of  Mr.  G.  Morris.  Mr. 
Ellsworth,  and  Mr.  M.  Smith,  to  whom  was  referred  a 
letter  of  5th  December,    1778,   from   Mr.  Bingham. 


1(W  SECRET  JOURNAL.  [Feb.  e, 

brought  in  a   report :  Whereupon,  Congress  came  to 
the  following  resolution  : 

Whtieas  the  gencr.il  of  Martinique  hath  made  ap- 
plication, through  the  continental  agent  there,  toCon- 
gneSff;  stating  the  extreme  necessity  of  the  islands  for 
provisions,  and  requesting  that  supplies  may  be  export- 
ed from  these  United  States — 

Resolved,  That  a  committee  of  three  be  appointed 
to  prepare  a  letter,  to  be  signed  by  the  President,  to 
Mr.  Bingham,  informing  him  that  the  states  of  New 
Hampshire,  Massachusetts  Bay,  Rhode  Island,  and 
Connecticut,  have  not  a  sufficiency  of  flour  for  their 
own  consumption:  That  the  military  operations,  of 
which  New  York,  New  Jersey,  Pennsylvania,  and 
Delaware,  have  been  the  scene,  have  so  reduced  their 
resources  of  bread,  as  not  to  admit  of  further  supplies 
than  may  be  necessary  for  the  army  :  That  the  wheat 
in  Maryland,  Virginia,  and  North  Carolina,  has  been 
so  injured  by  a  fly,  which  infests  those  states,  as  not  to 
afford  the  succours  in  question  :  That  South  Carolina 
and  Georgia  abound  in  rice  ;  and  great  quantities  of 
that  article  and  some  other  provisions  may  be  had 
there  ;  but  that  the  navigation,  by  the  late  efforts  of 
the  enemy,  hath  become  very  insecure  ;  and  the  vessels 
which  may  be  sent  there  will  be  exposed  to  great  ha- 
zard, unless  accompanied  by  a  strong  convoy,  or  the 
marine  force  of  the  enemy  in   those  states  destroyed. 

The  members  chosen— Mr.  M.  Smith,  Mr.  G.  Mor- 
ris, and  Mr.  Ellsworth. 


1779]  DOMESTICK  AFFAIRS.  103 


MARCH  10,  1779. 

The  honourable  W.  H.  Drayton  communicated  to 
Congress  an  extract  of  a  private  letter  to  him  from 
Pierce  Butler,  esquire,  of  Charleston,  South  Caroli- 
na, dated  February  6,    1779,  in  the  following  words: 

"  The  election  for  governour,  lieutenant  governour, 
"  &c.  came  on  yesterday.  Mr.  J.  Rutledge  was  cho- 
"  sen  governour,  T.  Heyward,  lieutenant  governour. 
"  The  delegates  to  represent  the  state  in  Congress 
H  are,  Mr.  H.  Laurens,  Mr.  A.  Middleton,  E.  Rut- 
"  ledge,  Thomas  Bee,  and  John  Matthews.  The  peo- 
"  pie  say  they  so  sensibly  feel  the  want  of  their  chief 
"justice  at  home,  that  they  cannot  consent  to  let  him 
M  be  absent  any  longer.  You  must,  therefore,  my 
"  good  sir,  return  to  us  as  soon  as  you  can.  Indeed 
"  we  stand  in  much  need  of  you  at  this  critical  junc- 
"  ture ;  therefore  pray  lose  no  time." 

On  which  Mr.  Drayton  desired  the  determination  of 
the  house,  whether,  after  such  information,  he  ought  to 
attend  as  a  delegate  in  Congress  :  Whereupon, 

Resolved,  That  the  said  private  letter  docs  not  va- 
cate Mr.  Drayton's  seat ;  and  therefore  that  he  ought 
fo  attend  as  a  delegate  in  Congress. 

MARCH  13,  1779. 

The  committee,  to  whom  was  referred  a  petition  ot 
Claver  Taylor,  late  of  Jamaica,  but  now  of  the  state  of 
Rhode  Island,  &c,  report — 


104  SECRET  JOURNAL.  [March  29, 

That  having  examined  into  the  state  of  the  facts  set 
forth  in  the  said  petition,  they  find  that  the  same  are 
truly  represented  :  Whereupon, 

Resolved,  That  the  petitioner  have  a  permission  to 
go  to  the  island  of  Jamaica,  and  import  into  any  of 
the  ports  in  the  United  States,  not  in  possession  of  the 
enemy,  either  the  whole,  or  any  part  of  his  property 
and  effects ;  and  that  his  person  and  property  be  se- 
cure from  capture,  or  detention,  by  any  continental  or 
private  ships  of  war  belonging  to  the  United  States; 
and  his  effects  from  seizure  or  confiscation  when  land- 
ed, or  in  their  conveyance  through  any  of  the  said 
states  to  the  said  state  of  Rhode  Island  ;  and  that  pro- 
per passports  be  granted  to  him  for  that  purpose. 


MARCH  29,  1779. 

The  committee,  consisting  of  Mr.  Burke,  Mr.  Lau- 
rens, Mr.  Armstrong,  Mr.  Wilson,  and  Mr.  Dyer,  ap- 
pointed to  take  into  consideration  the  circumstances  of 
the  southern  states,  and  the  ways  and  means  for  their 
safety  and  defence,  report — 

Thai  the  circumstances  of  the  army  will  not  admit  of 
the  detaching  of  any  force  for  the  defence  of  South  Ca- 
rolina and  Georgia.  That  the  continental  battalions 
of  those  two  states  are  not  adequate  to  their  defence. 
T  in  the  three  battalions  of  North  Carolina  continen- 
tal troops,  now  on  the  southern  service,  are  composed 
of  drafts  from  the  militia  for  nine  months  only,  which 
terms,  with  respect  to  a  great  part  of  them,  will  expire 
before  the  end  of  the  campaign.  That  all  the  other 
force  now  employed  for  the  defence  of  the  said  states 


1779.]  DOMESTICK  AFFAIRS.  »8 

consists  of  militia,  who,  from  the  remoteness  of  their 
habitations  and  the  difficulties  attending  their  service, 
ought  not  to  be  relied  on  for  continued  exertions,  and  a 
protracted  war.  That  the  state  of  South  Carolina,  as 
represented  by  the  delegates  of  the  said  state,  and  by 
Mr.  Huger,  who  has  come  hither  at  the  request  of  the 
governour  of  the  said  state,  on  purpose  to  explain  the 
particular  circumstances  thereof,  is  unable  to  make 
any  effectual  efforts  with  militia,  by  reason  of  the  great 
proportion  of  citizens  necessary  to  remain  at  home,  to 
prevent  insurrections  among  the  negroes,  and  to  pre- 
vent the  desertion  of  them  to  the  enemy.  That  the 
state  of  the  country,  and  the  great  numbers  of  those 
people  among  them,  expose  the  inhabitants  to  great 
danger  from  the  endeavours  of  the  enemy  to  excite 
them  either  to  revolt  or  desert.  That  it  is  suggested 
by  the  delegates  of  the  said  state,  and  by  Mr.  Huger, 
that  a  force  might  be  raised  in  the  said  state  from 
among  the  negroes,  which  would  not  only  be  formida- 
ble to  the  enemy,  from  their  numbers,  and  the  disci- 
pline of  which  they  would  very  readily  admit,  but 
would  also  lessen  the  danger  from  revolts  and  deser- 
tions, by  detaching  the  most  vigorous  and  enterprising 
from  among  the  negroes.  That  as  this  measure  may 
involve  inconveniences  peculiarly  affecting  the  state  of 
South  Carolina  and  Georgia,  the  committee  are  of 
opinion  that  the  same  should  be  submitted  to  the  go- 
verning powers  of  the  said  states  ;  and  if  the  said 
powers  shall  judge  it  expedient  to  raise  such  a  force, 
that  the  United  States  ought  to  defray  the  expense 
thereof :  Whereupon, 
vol.  i.  14. 


106  SECRET  JOURNAL.  [March  29, 

Resolved,  That  it  be  recommended  to  the  states  of 
South  Carolina  and  Georgia,  if  they  shall  think  the 
came  expedient,  to  take  measures  immediately  for 
raising  three  thousand  able-bodied  negroes. 

That  the  said  negroes  be  formed  into  separate  corps, 
as  battalions,  according  to  the  arrangements  adopted 
for  the  main  army,  to  be  commanded  by  white  commis- 
sioned and  non-commissioned  officers. 

That  the  commissioned  officers  be  appointed  by  the 
said  states. 

That  the  non  commissioned  officers  may,  if  the  said 
states  respectively  shall  think  proper,  be  taken  from 
among  the  non-commissioned  officers  and  soldiers  of  the 
continental  battalions  of  the  said  states  respectively. 

That  the  governours  of  the  said  states,  together  with 
the  commanding  officer  of  the  southern  army,  be  em- 
powered to  incorporate  the  several  continental  bat- 
talions of  their  states  with  each  other  respectively, 
agreeably  to  the  arrangement  of  the  army,  as  estab- 
lished by  the  resolutions  of  May  27,  1778  ;  and  to  ap- 
point such  of  the  supernumerary  officers  to  command 
the  said  negroes,  as  shall  choose  to  go  into  that  service. 

Resolved,  That  Congress  will  make  provision  for 
paying  the  proprietors  of  such  negroes  as  shall  be  en- 
listed for  the  serf  ice  of  the  United  States  during  the 
war,  a  full  compensation  for  the  property,  at  a  rate 
not  exceeding  one  thousand  dollars  for  each  active 
able-bodied  negro  man  of  standard  size,  not  exceeding 
thirty-five  years  of  age,  who  shall  be  so  enlisted  and 
pass  muster. 


.1119.]  DOMESTICK  AFFAIRS.  107 

That  no  pay  or  bounty  be  allowed  to  the  said  ne- 
groes; but  that  they  be  clothed  and  subsisted  at  the 
expense  of  the  United  States. 

That  every  negro  who  shall  well  and  faithfully  serve 
as  a  soldier  to  the  end  of  the  present  war,  and  shall 
then  return  his  arms,  be  emancipated,  and  receive  the 
sum  of  fifty  dollars. 

APRIL  7,  1779. 

The  committee,  consisting  of  Mr.  Lovell,  Mr.  Whip- 
ple, and  Mr.  Witherspoon,  (see  December  16,)  to 
whom  was  referred  the  memorial  of  Alexander  M'Nutt 
and  others,  agents  for  several  townships  in  Nova  Sco- 
tia, brought  in  a  report :  Whereupon, 

Resolved,  That  lieutenant  colonel  Phineas  Nevers. 
and  captain  Samuel  Rogers  be  employed  to  lay  out, 
mark  and  clear  a  road  from  Penobscot  river  to  St» 
John's  river,  in  the  most  commodious  line,  and  in  the 
most  prudent  manner.  That  fifteen  thousand  dollars 
be  advanced  to  them  for  carrying  on  the  work  ;  for 
the  faithful  expenditure  of  which  they  shall  become 
bound  to  the  United  States  in  a  bond  to  be  given  to 
the  continental  treasurer. 

APRIL  8,  1779. 

A  memorial  from  Alexander  M'Nutt,  in  behalf  or 
sundry  persons  therein  named,  inhabitants  of  Great 
Britain  and  Ireland,  was  read,  praying  to  be  admit- 
ted to  come  with  their  families  and  effects,  under  a 
safe  conduct,  and  settle  in  America,  under  condition. 


108  SECRET  JOURNAL.  [April  17, 

that  should  it  appear  upon  their  arrival,  that  any  of 
them  have  acted  an  unworthy  part,  or  are  of  doubtful 
characters,  then  their  property  to  be  forfeited,  and 
they  treated  according  to  their  deserts. 

Resolved,  That  the  prayer  of  the  memorial  be 
granted. 

The  committee,  consisting  of  Mr.  Burke,  Mr.  G. 
Morris,  and  Mr.  Armstrong,  to  whom  was  referred  a 
letter  of  the  10th  March,  from  the  board  of  wftr,  en- 
closing a  letter  of  the  9th,  from  president  Reed, 
brought  in  a  report :  Whereupon, 

Resolved,  That  the  board  of  war  be  directed  to 
send  four  pieces  of  heavy  ordnance  to  the  post  at 
Billings-port,  on  the  river  Delaware,  in  addition  to 
what  are  already  there.  Also,  to  order  a  detachment 
of  forty  men,  under  the  command  of  a  captain  and 
other  suitable  officers,  from  colonel  Procter's  battalion, 
to  garrison  the  said  post.  Also,  to  send  two  pieces  of 
heavy  ordnance  to  Mud  Island  fort,  and  a  detachment 
of  twenty  men,  under  the  command  of  suitable  officers, 
from  the  battalion  aforesaid,  to  garrison  the  said  fort, 

APRIL  17,   1779, 

The  delegates  of  South  Carolina,  to  whom  was  re- 
ferred a  letter  of  the  7th  March  from  major  general 
Lincoln,  brought  in  a  report :  Whereupon, 

Ordered,  That  so  much  of  the  said  report  as  relates 
to  the  sending  military  stores  and  a  naval  force  to 
South  Carolina,  be  referred  to  the  marine  committee  f 
snd  that  they  take  order  thereon. 


J779.]  DOMESTICK  AFFAIRS.  109 


APRIL  27,  1779. 

A  motion  was  made  by  Mr.  Morris,  seconded  by 
Mr.  Penn— 

That  a  sum  of  money,  in  specie,  be  immediately 
sent  to  the  commander  in  chief,  for  secret  services. 

In  lieu  of  which  a  substitute  was  moved  by  Mr.  Lau- 
rens, seconded  by  Mr.  Scudder,  in  the  words  follow- 
ing, viz  : 

That  the  President  write  to  the  commander  in  chief, 
and  inquire  whether  he  is  in  want  of  specie  for  secret 
services. 

Question   put  to  admit  the  substitute — 

Passed  in  the  affirmative. 

An  amendment  was  then  moved  by  Mr.  S.  Adams, 
seconded  by  Mr.  Morris,  instead  of  the  words,  "  in- 
"  quire  whether,"  &c.  to  insert,  "inform  him  that  if  he 
'•  is  in  want  of  specie  for  secret  services,  he  may  draw 
11  for  any  sum  or  sums  to  the  amount  of  two  thousand 
11  guineas  upon  the  treasurer,  who  will  pay  the  same." 

Question  on  the  amendment — 

Passed  in  the  affirmative. 

On  the  question  to  agree  to  the  motion  as  amend- 
ed— 

Resolved,  That  the  President  write  to  the  comman- 
der in  chief,  and  inform  him,  that  if  he  is  in  want  of 
specie  for  secret  services,  he  may  draw  for  any  sum  or 
sums,  to  the  amount  of  two  thousand  guineas,  on  the 
treasurer,  who  will  pay  the  same. 


1 10  SECRET  JOURNAL.  [May  'J, 


MAY    1,   1779. 

A  letter  of  28th  April,  from  general  Washington 
enclosing  a  copy  of  proceedings  of  the  council  of  Mas 
sachusetts  Bay,  dated  March  4,  was  read,  informing 
that  there  are  several  pieces  of  cannon,  eighteen  poun 
ders,  the  property  of  the  continent,  now  in  Massachu 
setts  Bay  ;  that  application  has  been  made  for  them 
and  that  only  two  have  been  received  for  the  defence 
of  the   posts  on    the  North  river  ; — representing  the 
importance  of  those  posts;  and  requesting  the  direc- 
tions of  Congress  that  the  said  cannon  be  applied  to 
this  purpose. 

On  motion  of  Mr.  Burke,  seconded  by  Mr.  Drayton, 
Resolved,  That  the  commander  in  chief  be  authoriz- 
ed to  call  upon  the  state  of  Massachusetts  Bay  for 
such  and  so  many  of  the  continental  cannon  lent  to  the 
said  state,  as  he  may  judge  necessary  for  the  defence 
of  the  posts  on  Hudson's  river. 

MAY  3,  1779. 

On  motion  of  Mr.  Jenifer,  seconded  by  Mr.  Henry, 
Resolved,  That  the  board  of  war  be  directed  to 
apply  to  the  governour  and  council  of  Maryland,  and 
request  them,  if  there  are  any  heavy  cannon  belonging 
to  the  state  which  can  be  spared  from  the  immediate 
defence  thereof,  to  lend  them  to  the  continent  for  the 
defence  of  the  posts  on  Hudson's  river,  on  condition 
that  Congress  will  return  them,  or  a  like  number  of 


1779.]  D0ME9TICK  AFFAIRS.  111 

equal  bore,  or  pay  the  state  the  full  value  thereof,  at 
the  election  of  the  general  assembly. 

The  delegates  of  the  state  of  Pennsylvania,  to 
whom  was  referred  an  extract  of  a  letter  from  the  board 
of  war,  respecting  the  defences  of  the  river  Delaware, 
brought  in  a  report :  Whereupon, 

Resolved,  That  the  president  and  council  of  the 
state  of  Pennsylvania  be  requested  to  order  such  of 
the  militia  of  that  state  to  take  post  at  fort  Mifflin  and 
Bellings-port  in  the  room  of  colonel  Procter's  men,  as 
shall  be  judged  by  the  president  and  council  sufficient; 
the  said  militia  to  be  allowed  continental  pay  and  sub- 
sistence. 

MAY  17,   1779. 

On  a  report  of  the  board  of  treasury — 
Resolved,  That  the  application  of  captain  M'Clean 
be  referred  to  the  state  of  Delaware ;  and  that  the 
president  thereof  be  informed  that  any  compensation 
which  that  state  shall  judge  proper  to  be  made  to  cap- 
tain M'Clean,  shall  be  credited  to  that  state  in  its  ac- 
count with  Congress. 

MAY  31,  1779. 

On  the  report  of  a  committee  to  whom  was  re- 
ferred a  letter  of  February  last  from  Timothy  Pen- 
ny— 

Whereas  Timothy  Penny,  now  an  inhabitant  of 
Massachusetts  Bay,  but  formerly  of  the  island  of  Ja- 
maica, where  his  estate  lies,  has  represented  the  ne- 


112  SECRET  JOURNAL.  [Juhe  7, 

cessity  he  is  under  of  sending  a  person  to  purchase  a 
vessel  in  that  island,  and  load  her  with  produce  for  the 
support  of  his  numerous  family ;  and  whereas  it  ap- 
pears, that  the  character  and  circumstances  of  the  said 
Timothy  Penny  render  such  indulgence  proper — 

Resolved,  That  letters  of  safe  conduct  be  granted 
to  Timothy  Penny,  for  any  one  vessel  which  may  be 
purchased  and  loaded  as  above  mentioned,  and  sent  to 
any  port  or  place  in  any  of  the  United  States,  not  in 
possession  of  the  enemy,  and  for  the  person  of  cap- 
tain Joseph  Deane,  who  is  to  be  employed  on  this 
business. 

JUNE  3,  1779. 

A  letter  of  this  day  from  Robert  Harris  was  read* 
praying  Congress  to  take  into  consideration  his  peti- 
tion for  leave,  under  a  safe  conduct  or  passport,  to  re- 
move his  property  from  the  province  of  Nova  Scotia, 
into  some  port  or  place  within  these  states  not  in  the 
power  of  the  enemy  :  Whereupon, 

Ordered,  That  the  letter  and  petition  be  referred  to 
the  marine  committee,  and  that  a  safe  conduct  or  pass- 
port be  granted  to  the  petitioner,  upon  his  complying 
with  such  orders  and  directions  as  the  marine  commit- 
tee shall  give  on  the  subject. 

JUNE  7,  1779. 

On  motion  of  the  committee  of  commerce — 
Ordered,  That  the  committee   of  commerce  be  em- 
powered and  directed  to  draw  bills   of  exchange  at 


1779.] 


DOMESTICK  AFFAIRS. 


113 


ninety  days  sight,  on  the  minister  plenipotentiary  of 
the  United  Stales  at  the  court  of  France,  for  any  sum 
not  exceeding  fifteen  thousand  Louis  dor's,  to  be  ne- 
gotiated in  the  purchase  of  military  stores,  in  case  the 
measures  taken  by  Mr.  Gerard  to  obtain  them  from 
Martinique  should  not  succeed  ;  but  not  otherwise. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
being  required  by  Mr.  Smith — 


New  Hampshire,      Mr.  Whipple,        Ay.  )>Ay. 


Massachusetts  Bay,  Mr.  S.  Adams, 
Mr.  Gerry, 
Mr.  Lovell, 
Mr.  Holten, 


Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 

VOL.    I. 


Mr.  Ellery, 


Huntington, 


Mr. 

Mr.  Spencer 


Mr. 
Mr. 
Mr. 


Jay, 

Morris, 

Floyd, 


Mr.  Fell, 


Mr. 
Mr. 


Searle, 
M'Lene, 


Mr.  Dickinson, 


Mr. 
Mr. 
Mr. 
Mr. 

15 


Paca, 

Carmichael, 
Henry, 
Jenifer, 


Ay.} 

Ay.  fAVr 
Ay.J 

Ay.  )>Ay. 


SI* 

Ay.  )>Ay. 

AyO 
Ay.J 


114 

SECRET  JOURNAL. 

[June  8> 

Virginia, 

Mr.  Smith, 
Mr.  Griffin, 
Mr.  Fleming, 

No.) 
Ay.  >  Ay. 
Ay.S 

North  Carolina, 

Mr.  Penn, 
Mr.  Burke, 
Mr.  Sharpe, 

Ay.) 

Ay.>  Ay. 
Ay.S 

South  Carolina,         Mr.  Laurens,         No.  ^-No. 
So  it  was  resolved  in  the  affirmative. 

JUNE  8,  1779. 

On  the  motion  of  Mr.  Searle,  seconded  by  Mr. 
Armstrong — 

Resolved,  That  the  order  passed  yesterday,  direct- 
ing and  empowering  the  committee  of  commerce  to 
draw  bills  on  the  minister  plenipotentiary  of  the 
United  States  at  the  court  of  Versailles,  be  reconsi- 
dered. 

A  motion  was  then  made  by  Mr.  Searle,  seconded  by 
Mr.  Armstrong — 

That  the  board  of  treasury  prepare  drafts  on  the 
minister  plenipotentiary  of  the  United  States  of  Ame- 
rica at  the  court  of  Versailles,  in  favour  of  the  com- 
mittee of  commerce,  for  the  sum  of  three  hundred  and 
sixty  thousand  livres  tournois,  for  the  purpose  of  im- 
porting military  stores. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
being  required  by  Mr.  Smith — 

New  Hampshire,       Mr.  Whipple,        Ay.  )»Ay. 


1779.] 


DOMESTICK  AFFAIRS. 


11* 


Massachusetts  Bay,  Mr. 
Mr. 
Mr. 
Mr. 


Connecticut, 

New  Jersey, 
New  York, 

Pennsylvania, 


Delaware, 
Maryland, 


Virginia, 


North  Carolina, 


South  Carolina, 


Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mi-. 
Mr. 


S.  Adams, 
Gerry, 
Lovell, 
Holten, 


Sherman,  Ay. 
Huntington,  Ay. 
Spencer,         Ay. 


Ay. 


Scudder, 

Fell, 

Jay, 
Duane, 
Floyd, 
Lewis, 


Ay. 
Ay. 


Av. 


No. 
Ay 
Ay.  j 


■\ 


Armstrong,      Ay.^ 
Sea rle,  Ay.  j 

Muhlenberg,  Ay.  } 
M'Lene,  Ay.  | 

Wynkoop,      No. J 


Ay. 


Ay 


Mr.  Dickinson,     Ay.  ^Ay. 


Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 


Plater,  No.^j 

Paca,  Ay.  j 

Carmichael,  Ay.  )>Ar. 

Henry,  Ay.  | 

Jenifer,  No. J 


Smith, 

Griffin, 

Fleming, 

Penn, 

Burke, 

Sharpe, 

Laurens, 
Drayton, 


No.) 

No.VNo. 

No.} 

No.} 
Ay.>  Ay. 
Ay.^ 


116  SECRET  JOURNAL.  [June  16, 

So  it  was  resolved  in  the  affirmative. 

JUNE  10,  1779. 

The  committee  on  the  treasury,  to  whom  it  was  re- 
ferred to  prepare  drafts  on  the  minister  plenipotentia- 
ry of  the  United  States  of  America  at  the  court  of 
Versailles,  in  favour  of  the  committee  of  commerce, 
report — 

That  according  to  order,  they  have  prepared 
four  sets  of  bills  of  exchange  ;  one  set  for  one  hun- 
dred and  fifty  thousand,  one  set  for  one  hundred  thou- 
sand, ones  et  for  seventy  thousand,  and  one  set  for  forty 
thousand  livres  tournois,  and  have  prepared  letters  of 
advice  of  the  said  drafts  :   Whereupon, 

Resolved,  That  the  said  drafts  be  signed  by  the  Pre- 
sident of  Congress,  and  entered  at  the  auditor's  office, 
and  then  delivered  to  the  committee  of  commerce,  to 
be  negotiated  in  the  manner  mentioned  in  the  resolu- 
tion of  the  8th  instant. 

Resolved,  That  the  faith  of  the  United  States  be 
pledged  to  make  good  any  contract  or  engagement 
which  shall  be  entered  into  by  their  minister  plenipo- 
tentiary at  the  court  of  France,  for  procuring  money, 
or  credit,  to  enable  him  to  honour  the  said  bills,  and 
provide  for  the  punctual  discharge  thereof. 

JUNE   16,  1779. 

A  letter  of  11th,  from  general  Washington,  was 
read  :  Whereupon, 

Resolved,  That  the  board  of  treasury  be  empower- 


1779.]  DOMESTICK  AFFAIRS.  Ill 

ed  to  borrow  the  sum  of  five  hundred  guineas,  assur- 
ing the  lenders  the  payment  of  principal  and  interest 
in  hard  money,  as  soon  as  the  treasury  shall  be  suppli- 
ed with  a  sufficient  sum. 


JUNE  21,  1779. 

The  committee,  to  whom  was  referred  a  letter  from 
William  Killen,  esquire,  with  sundry  depositions  en- 
closed, having  considered  the  evidence  contained  in 
those  papers,  and  in  several  others,  which  they  have 
collected,  report — 

That  a  certain  Henry  O'Hara,  who  has  acted  as  a 
deputy  quartermaster  general  in  the  Delaware  state, 
appears  to  have  been  guilty  of  great  frauds  in  the 
execution  of  that  office  :  Whereupon, 

Resolved,  That  all  the  papers  before  mentioned  be 
transmitted  to  the  president  of  the  state  of  Delaware, 
and  that  he  be  requested  to  order  a  prosecution  imme- 
diately to  be  commenced  and  carried  on  against  the 
said  Henry  O'Hara,  at  the  expense  of  the  United 
States. 

JUNE  22,  1779. 

On  a  report  from  the  board  of  treasury — 
Ordered,  That  a  warrant  issue  on  the  treasurer,  in 
favour  of  major  des  Epiniers,  for  five  hundred  guineas, 
or  a  like  sum  in  other  specie,  advanced  on  the  applica- 
tion of  general  Washington  for  publick  service,  he  to 
be  accountable  ;  and  that  major  des  Epiniers'  receipt 
of  the  19th  instant  for  that  sum  being  annexed  to  this 


118 


SECRET  JOURNAL. 


[June  28, 


warrant,  be  the  treasurer's  voucher  for  payment  of  the 
same. 

JUNE  28,  1779. 

Resolved,  That  it  be  earnestly  recommended  to  the 
several  states,  by  the  most  speedy  and  vigorous  ef- 
forts, to  fill  up  their  respective  battalions,  agreeably  to 
the  resolution  of  Congress  of  the  9th  of  March  last, 
that  nothing  may  be  wanting  on  their  part  to  render 
the  present  campaign  glorious  and  decisive. 

Ordered,  That  this  be  forwarded  to  the  states,  with 
an  extract  of  general  Washington's  letter  of  the  11th 
instant. 


JUNE  29,  1779. 

The  committee,  to  whom  was  referred  the  report  of 
the  board  of  war  of  the  1st  May  last,  relating  to  the 
department  of  military  stores,  report  as  their  opi- 
nion— 

That  it  is  not  expedient  to  raise  salaries  at  present, 
when  Congress  are  adopting  measures  to  restore  the 
credit  of  the  currency  ;  but  that  in  consideration  of 
the  particular  circumstances  of  that  department,  such 
temporary  allowances,  not  exceeding  three  hundred 
dollars  per  month  to  the  commissary  general,  one 
hundred  and  fifty  dollars  per  month  to  the  deputy 
commissary  general,  and  to  the  other  officers  and 
men  in  the  same  proportion,  to  their  former  pay  with 
that  to  the  deputy  commissary  general,  should  be 
made  by  the  board  of  war  to  the  said  officers  and 


1779.]  DOMESTICK  AFFAIRS.  119 

men,  as  will   enable  them  to  continue  in  the  service 
until  the  further  orders  of  Congress. 

Resolved,  That  Congress  agree  to  the  said  report. 

JULY  15,  1779. 

The  committee  on  the  commissary  and  quarter- 
master's departments,  to  whom  was  referred  a  memo- 
rial from  the  minister  of  France  of  the  7th,  report — 

That  they  have  taken  effectual  measures  to  cause 
four  thousand  barrels  of  flour  to  be  delivered  to  Wil- 
liam Smith,  esquire,  at  Baltimore,  agent  for  Mr.  Hol- 
ker, the  same  being  part  of  ten  thousand  barrels  pro- 
vided for  the  use  of  his  most  christian  majesty. 

That  they  have,  agreeably  to  the  wishes  of  Mr.  Ge- 
rard, given  orders  for  the  delivery  of  one  thousand 
barrels  of  flour  to  Mr.  Holkcr's  agent  at  Philadelphia  ; 
which  last  quantity  is  to  be  of  the  growth  of  this  state. 
This  order  they  expect  will  be  executed  in  part,  or  in 
whole;  but  if  not,  the  quantity  can,  in  case  of  neces- 
sity, be  made  up  with  ease  from  the  magazines  collect- 
ed in  Virginia  and  Maryland  :   Whereupon, 

Resolved,  That  the  minister  plenipotentiary  or 
France  be  informed,  that  four  thousand  barrels  of  flour 
shall  be  delivered  to  William  Smith,  esquire,  agent  of 
Mr.  Holker,  at  Baltimore,  and  one  thousand  barrels  of 
flour  to  Robert  Morris,  esquire,  agent  of  Mr.  Holker, 
at  Philadelphia,  for  the  use  of  his  most  christian  ma- 
jesty ;  including,  nevertheless,  the  quantities  mention- 
ed in  the  minister's  memorial,  and  amounting  to  six 
hundred  and  fifty-three  barrels. 


120 


SECRET  JOURNAL. 


[July  19, 


JULY  19,   1779. 

A  letter  of  the  13th,  from  general  Washington,  was 
read,  enclosing  a  copy  of  a  letter  of  10th,  from 
governour  Trumbull,  with  a  proclamation  of  Sir 
George  Collier  and  major  general  Tryon,  and  colonel 
Whiting's  answer  thereto  ;  also  copies  of  letters  of  the 
10th  and  llth  from  brigadier  general  Parsons,  giving 
an  account  of  the  enemy's  ravages  and  devastations  in 
Connecticut;  and  particularly  of  their  burning  the 
towns  of  Fairfield,  Norwalk,  and  Bedford  :  Whereupon, 

A  motion  was  made  by  Mr.  Drayton,  seconded  by 
Mr.  Penn, 

That  the  marine  committee  be,  and  are  hereby  di- 
rected to  take  the  most  effectual  means  to  carry  into 
execution  the  manifesto  of  October  30,  1778,  by 
burning  and  destroying  the  towns  belonging  to  the  ene- 
my in  Great  Britain  and  the  West  Indies. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
being  required  by  Mr.  Drayton — 


New  Hampshire,       Mr.  Peabody,        Ay.  ^Ay. 


Massachusetts  Bay,  Mr.  Gerry, 
Mr.  Lovell, 
Mr.  Holten, 


Rhode  Island, 


Connecticut. 


Mr.  Marchant,  No.  )  M 

Mr.  Collins,  No.  5  ISo# 

Mr.  Huntington,  No.  >  ^ 

Mr.  Spencer,  No.  > 


1779.} 

DOMESTICK  AFFAIE3. 

New  York, 

Mr.  Jay, 
Mr.  Duane, 
Mr.  Morris, 
Mr.  Lewis, 

Ay. 

No. 
No. 
Ay. 

New  Jersey^ 

Mr.  Fell, 
Mr.  Houstdnj 

No. 
Ay. 

Pennsylvania, 


frela 


ware, 


Maryland, 


Virginia, 


North  Carolina, 


121 


Divided. 


llVlDEDi 


Mr.  Shippen,         Ay.  } 
Mr.  Muhlenberg,  Ay.>  Av. 
Mr.  M'Lene,  Ay.) 


Mr.  Dickinson,     No. 
Mr.  Vandyke,       No.' 
Mr.  M'Kean,        Ay. ; 

Mr.  Carmichael,  Ay. 
Mr.  Henry,  Ay. 

Mr.  Forbes,  No. 


Mr.  Smith, 
Mr.  Griffin, 
Mr.  Fleming, 

Mr.  Penn, 
Mr.  Burke, 
Mr.  Sharpe, 


Ay. 
No. 
Ay. 

No. 
No.1 

No.' 


No, 


Ay, 


Ay, 


No, 


South  Carolina, 

So  it  was  resolved  in  the  affirmative. 


Mr.  Laurens, 
Mr.  Drayton, 


No. 
Ay 


:!D 


IVIDED- 


SEPTEMBER  6,  1779. 

The  board  of  war,  to  whom  was  referred  a  letter 
of  24th  of  August,  from  the  president  of  the  state  of 
Pennsylvania,  report — 

That  they  find  it  impracticable,  without  taking  them 
from  the  supplies  provided  for  the  army,  which  are  yet 
vol.  i.  16 


J :■>  SECRET  JOURNAL.  [Sept.  10, 

vastly  deficient,  to  furnish  the  blankets  requested  for 
the  ranging  companies  raised  in  this  state. 

SEPTEMBER  7,  1779. 

Leonard  Bowles,  of  the  Bahama  Islands,  having 
signified  his  intention  of  removing  from  thence  ;  and 
having  communicated  a  recommendation  of  him  by 
the  supreme  executive  council  of  the  state  of  Penn- 
sylvania, to  the  citizens  of  that  state,  where  he  pro- 
poses to  reside — 

Ordered,  That  a  passport,  or  safe  conduct,  be 
granted  to  the  said  Leonard  Bowles,  Esq.  in  his  re- 
moval from  the  Bahama  Islands  to  these  United 
States. 

SEPTEMBER  10,  1779. 

The  committee  of  commerce  having  informed  Con- 
gress, that  in  pursuance  of  the  order  of  Congress,  they 
have  expended,  in  the  purchase  of  powder  which  is 
arrived,  about  three  thousand  pounds  sterling  of  the 
bills  delivered  to  them,  agreeably  to  the  order  of  the 
10th  June;  and  that  about  twelve  thousand  pounds 
sterling  remain  in  the  hands  of  their  agent  at  St. 
Eustatia — 

On  motion  of  Mr.  Marchant,  seconded  by  Mr.  Scud- 
der, 

Resolved,  That  the  committee  of  commerce  be  di- 
rected to  confer  with  the  board  of  war,  in  what  man- 
ner it  will  be  most  for  the  publick  service,  to  lay  ouf 
the  remainder  of  the  money  entrusted  to  them. 


im]  DOMESTICK  AFFAIRS.  123 


SEPTEMBER  22,  1779. 

The  marine  committee  report,  That  on  maturely 
considering  the  resolutions  of  Congress  of  the  20th 
instant,  relative  to  the  transportation  of  the  North 
Carolina  troops  by  sea,  to  South  Carolina,  they  find  so 
many  difficulties  opposed  to  their  carrying  the  same 
into  execution,  as  to  induce  them  to  recommend  the 
sending  the  frigates  immediately  from  Boston  to  South 
Carolina,  and  ordering  the  North  Carolina  troops  to 
proceed  thither  by  the  most  expeditious  route : 
Whereupon, 

Resolved,  That  the  marine  committee  be  directed 
to  order  the  three  frigates  or  ships  of  war,  mentioned 
in  the  resolutions  of  Congress  of  the  20th  instant,  to 
proceed  from  Boston  immediately  to  South  Caro» 
lina. 

That  the  North  Carolina  troops  be  ordered  to  pro- 
ceed  by  the  most  expeditious  route  to  South  Carolina, 

Resolved,  That  it  be  earnestly  recommended  to 
the  governour  of  the  state  of  North  Carolina  to  use 
every  means  to  prevent  the  desertion  of  the  said 
troops  whilst  marching  through  that  state  ;  and  that  he 
at  the  same  time  take  such  measures  as  will  be  most 
effectual  for  filling  up  the  said  battalions  to  their  full 
complement  of  men;  but  that  the  march  of  the  troops 
be  on  no  account  delayed  for  this,  or  any  other  pm> 
pose* 


124  SECRET  JOURNAL.  [Sept.  26, 


SEPTEMBER  26,  1779. 

The  President  laid  before  Congress  two  letters 
which  he  received  from  Mr.  Gerard,  written  to  him 
by  J.  Plombard,  and  dated  Charleston,  South  Caro- 
lina, one  the  5th  and  the  other  the  8th  September,  in- 
stant, which  were  read,  giving  information  of  the  arri- 
val of  count  D'Estaing  at  Georgia  :  Whereupon, 

Resolved,  That  copies  of  the  letters  from  Mr.  Plom- 
bard to  Mr.  Gerard,  of  the  5th  and  8th  of  Septem- 
ber, instant,  communicated  by  Mr.  Gerard  to  the 
President,  be  sent  to  general  Washington,  That  the 
general  be  also  informed  of  the  intention  of  our  ally? 
that  the  armament  under  count  D'Estaing  shall  ope- 
rate against  the  enemy  in  these  United  States;  and 
that  general  Washington  be  authorized  and  directed 
to  concert  and  execute  such  plans  of  co-operation  with 
the  minister  of  France,  or  the  count,  as  he  may  think 
proper. 

Whereas  Congress  have  received  authentick  infor- 
mation of  the  arrival  of  count  D'Estaing  with  a  power- 
ful fleet  to  co-operate  with  these  United  States;  and 
whereas  by  the  vigorous  exertions  of  the  said  states, 
the  allied  forces  may  be  enabled  to  strike  an  impor- 
tant blow  against  the  enemy — 

Resolved,  That  it  be  most  earnestly  recommended 
to  the  several  states  to  furnish  general  Washington 
with  such  aid  as  he  may  require  of  them  respectively, 
as  well  by  detachments  from  their  militia,  as  by  pro- 
viding that  the  allied  armaments  in  the  United  States 
be  speedily  and  effectually  furnished  with  ample  sup- 


1779.]  DOMESTICK  AFFAIRS.  12$ 

plies  of  bread  and  other  provisions  ;  and  that  the  mo?t 
vigorous  exertions  be  made  for  that  purpose. 


SEPTEMBER  27,  1779. 

A  motion  being  made,  That  the  continental  frigates 
and  other  continental  armed  vessels  at  Boston,  or  other 
eastern  ports,  be  forthwith  provided  with  skilful  pilots 
for  Newfoundland,  Halifax,  Penobscot,  and  Rhode 
Island  ;  that  they  be  detained  until  they  shall  be  di- 
rected to  sail  from  thence  by  general  Washington  ;  and 
that  they  observe  such  orders  as  they  shall  receive 
from  him— 

Ordered,  That  it  be  referred  to  the  marine  commit- 
tee ;  and  that  they  take  order  thereon. 

DECEMBER  13,  1779. 

On  motion  of  Mr.  Gerry,  seconded  by  Mr.  Hous- 
ton— 

Resolved,  That  the  board  of  treasury  be  directed 
to  pay  to  John  Mitchel,  deputy  quartermaster  general, 
a  sum  in  bills  of  exchange,  sufficient  to  discharge  a 
year's  rent  of  the  house  occupied  by  the  President  of 
Congress.  [For  order  to  draw  bills,  see  November 
23d,  1779.] 

DECEMBER  14,  1779. 

Resolved,  That  the  commercial  committee  be  direct- 
ed to  take  immediate  measures  to  procure  a  supply  of 
gunpowder  and  clothing  for  the  use  of  the  continental 


12«  SECRET  JOURNAL.  [Dec.  16i 

army  and  navy ;  and  that  the  treasury  board  be  di- 
rected to  supply  them  for  that  purpose  with  bills  of 
exchange  on  Holland,  to  the  amount  of  four  thousand 
pounds  sterling,  when  required  by  the  said  committee, 
in  lieu  of  bills  formerly  furnished  them  for  that  pur- 
pose, which  are  supposed  to  be  destroyed. 


DECEMBER  16,  1779. 

The  committee,  consisting  of  Mr.  Matthews,  Mr. 
Schuyler,  and  Mr.  Sherman,  to  whom  were  referred  a 
letter  of  24th  November  from  don  Juan  Miralles,  one 
of  27th  November  from  the  minister  of  France,  and  a 
report  of  a  committee  sent  to  head  quarters  to  confer 
with  the  commander  in  chief  on  the  state  of  the  south- 
ern department,  brought  in  a  report ;  Whereupon, 

Resolved,  That  general  Lincoln,  or  the  command- 
ing officer  for  the  time  being  in  the  southern  depart- 
ment, be,  and  he  is  hereby  authorized  and  empowered, 
to  correspond  and  concert  with  the  governour  of  Ha- 
vanna,  or  any  other  person  or  persons  properly  au- 
thorized by  his  catholick  majesty,  such  plan  as  shall 
in  his  opinion  be  best  calculated  to  insure  the  reduc- 
tion of  the  enemy's  force  in  the  state  of  Georgia,  and 
for  the  conquest  of  East  Florida  ;  and  that  the  state  of 
South  Carolina  be  requested  to  afford  every  assistance 
in  their  power  for  carrying  the  same  into  effect. 

In  passing  this  resolution  a  division  was  called  for; 
and  on  the  question  to  agree  to  the  clause  "  and  for 
*;  the  conquest  of  East  Florida,"  the  yeas  and  nays 
V»eing  required  by  Mr.  Forbes — 


1779.]  DOMESTICK  AFFAIRS. 

New  Hampshire,     Mr.  Peabody,         Ay.  )>Ay. 


127 


Massachusetts  Bay,  Mr.  Gerry, 
Mr.  Lovell, 


Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 
Pennsylvania, 
Maryland, 
North  Carolina, 


Mr.  Holten, 
Mr.  Partridge, 

Mr.  Ellery, 


Ay.") 

s  k 

Ay.J 
Ay.  )»Ay. 


Mr.  Huntington,     Ay.^\ 
Mr.  Sherman,         Ay.  >Ay. 
Mr.  Ellsworth,        Ay.J 

Mr.RR.Livingston,Ay."\ 
Mr.  Floyd,  Ay.  >Av. 

Mr.L'Hommedieu,  Ay.) 


Mr.  Fell, 
Mr.  Houston, 

Mr.  Searle, 
Mr.  M'Lene, 

Mr.  Plater, 
Mr.  Forbes, 

Mr.  Penn, 
Mr.  Burke, 


No. 
Ay 


:!D 


IVIDED. 


A?'  X  Ay 
Ay.  \  AY* 


Ay. 

No 


:}» 


IVIDED. 


No. 


No. 


South  Carolina,        Mr.  Matthews, 


No.  _ 
Ay.  )>Ay, 


So  it  was  resolved  in  the  affirmative. 


DECEMBER  29,  1779. 


It  being  suggested  by  the  board  of  war  that  a  plan 
has  been  proposed  to  them  which  they  conceive  may 
be  advantageous  in  procuring  necessaries  for  the 
army — ■ 


m 


SECRET  JOURNAL. 


[Jan.  11, 


Resolved,  That  a  committee  of  three  be  appointed 
to  confer  with  the  board  of  war  on  the  subject,  and 
report  their  opinion  to  Congress,  Whether  the  plan  is 
practicable,  and  would  be  attended  with  advantage. 

The  members— Mr.  Burke,  Mr.  Gerry*  Mr.  Mat- 
thews. 

DECEMBER  31,  1779. 

The  committee  appointed  to  confer  with  the  board 
of  war,  report  as  their  opinion,  that  rhe  plan  commu- 
nicated to  them  by  the  board  appears  practicable,  and, 
if  carried  into  execution,  promises  supplies  of  certain 
articles  immediately  wanted  for  the  troops  at  much 
less  expense,  and  with  greater  despatch,  than  they  can 
otherwise  be  procured;  that  no  coercion  is  requisite 
in  the  execution;  that  the  expense  will  not  exceed 
half  a  million  of  continental  dollars  ;  and  the  risk  to 
the  United  States  is  inconsiderable:  Whereupon, 

Resolved,  That  it  be  referred  to  the  board  of  war; 
and  that  they  be  authorized  to  take  order. 


JANUARY  11,  1780. 

A  report  of  the  board  of  treasury  was  read,  relative 
to  the  report  of  James  Milligan,  late  one  of  the  com- 
missioners of  accounts,  and  authorized  by  special  ap- 
pointment of  the  board,  on  the  21st  day  of  June  last, 
m  consequence  of  an  order  of  Congress  of  the  7th  of 
the  same  month,  to  repair  to  Virginia,  and  settle  the 
accounts  of  the  United  States  against  the  troops  of  the 
convention  of  Saratoga  ;  and  the  correspondence  be- 


1780.]  DOMESTICK  AFFAIRS.  W 

tvvcen  the  said  James  Milligan  and  major  general  Wil- 
liam Philips,  senior  officer  of  the  said  troops ;  to- 
gether with  sundry  other  papers  relative  to  the  said 
accounts  :  Whereupon, 

Resolved,  That  for  facilitating  the  settlement  of 
the  accounts  of  the  United  Staves  against  the  troops  of 
the  convention  of  Saratoga,  which  have  arisen  subse- 
quently to  those  settled  and  paid  by  lieutenant  general 
Burgoyne,  previous  to  his  departure  for  England,  all 
articles  proper  to  be  included  be  charged  at  the  same 
rates  as  the  like  articles  were  charged  in  the  accounts 
settled  between  major  general  Heath  and  lieutenant 
general  Burgoyne. 

That  all  supplies  hereafter  furnished  to  the  said 
troops  be  charged  in  like  manner. 

That  major  general  Philips,  now  in  New  York  on 
parole,  be  required  to  have  the  amount  due  for  pro- 
visions  and  other  articles  supplied  to  the  said  troops, 
in  the  months  of  March,  April,  May,  June,  July  and 
August,  1778,  and  January,  February,  March,  April, 
May,  June  and  July,  1779,  forthwith  discharged, 
agreeably  to  the  resolutions  of  Congress  of  the  19th 
December,  1777,  and  c22d  May,  1773. 

That  if  major  general  Philips  shall  persist  in  refus- 
ing to  discharge  the  said  accounts,  demand  thereof  be 
made  from  general  sir  Henry  Clinton,  or  the  officer 
commanding  in  chief  the  British  forces  at  New  York. 

That  in  case  of  non-compliance  in  this  resort,  the 
guards  be  thereupon  doubled,  at  the  expense  of  the 
British  government,  and  the  said  troops  kept  on  half  al- 
lowance for  the  space  of  one  month  ;  on  one  third  al- 
lowance for  the  succeeding  month  ;  and  thenceforward 
vol.  j.  17 


1J0  SECRET  JOURNAL.  [Jan.  17, 

one  fourth  allowance,  until  further  order  shall  be  taken 
for  the  equitable  adjustment  of  the  premises. 

That  the  mode  adopted  by  George  Rice,  assistant 
deputy  quartermaster  general,  at  Charlotteville,  for 
apportioning  the  charges  of  supplies  furnished  by  the 
quartermaster  general's  department  to  the  troops  of 
the  convention,  and  the  guards,  appears  to  be  the  only 
practicable  one  left  for  adjusting  the  same. 

That  the  quartermaster  general  be  directed  to  take 
effectual  care  that  the  accounts  of  all  supplies  which 
may  in  future  be  furnished  by  his  department  for  the 
said  convention  troops,  be  kept  separate  from  the  ac- 
counts of  supplies  furnished  for  the  guards. 

That  the  board  of  treasury  be  authorized  and  direct- 
ed to  commission  and  instruct  some  suitable  person  or 
persons  to  complete  the  final  settlement  of  the  said  ac- 
counts, and  receive  the  sums  due  thereon,  or  the  arti- 
cles delivered  in  kind,  on  the  part  of  the  enemy. 

That  the  said  board  give  the  necessary  orders  for 
collecting  the  vouchers  and  preparing  the  accounts  of 
the  supplies  furnished  to  the  said  convention  troops, 
from  the  1st  of  September  to  the  31st  December, 
1778,  and  from  1st  August  to  the  31st  December, 
1779. 

JANUARY   17,  1780. 

Congress  took  into  consideration  a  report  of  a  com- 
mittee on  a  memorial  from  the  honourable  the  minister 
plenipotentiary  of  France  ;  and  thereupon  came  to  the 
following  resolutions  : 


1780.J  DOMESTICK  AFFAIRS.  131 

Whereas  the  minister  plenipotentiary  of  France  hath 
represented  to  us  that  a  quantity  of  wheat  and  flour 
hath  been  procured  and  collected  in  the  state. of  Mary- 
land, at  a  great  expense,  for  the  fleet  of  his  most 
christian  majesty,  and  for  his  garrisons  in  the  French 
islands  ;  that  they  are  in  pressing  want  of  those  sup- 
plies ;  that  by  an  act  of  the  legislature  of  the  said 
Btate,  commissioners  therein  named  are  authorized  to 
seize  wheat  and  flour  in  stores  ;  and  that  the  seizure  of 
the  wheat  and  flour  collected  as  aforesaid,  and  in  the 
hands  of  William  Smith,  Esq.  of  Baltimore,  in  the  said 
state,  would  embarrass  the  measures  of  the  agent  of 
the  marine  of  the  king  of  France,  endanger  the  success 
of  military  plans,  and  expose  to  want  the  garrisons 
aforesaid  ;  and  hath  requested  our  interposition  in  this 
regard  :  Therefore, 

Resolved,  That  it  be,  and  it  is  hereby  recommend- 
ed to  the  governour  and  council  of  the  state  of  Mary- 
land, to  direct  the  commissioners  appointed  to  carry 
the  act  for  the  immediate  supply  of  flour  and  other 
provisions  for  the  army  into  full  force  and  execu- 
tion, to  refrain  from  seizing  the  provisions  which  have 
been  purchased  by  permission  of  the  state  of  Mary- 
land for  the  agent  of  the  marine  of  his  most  christian 
majesty  ;  to  replace  them  in  case  they  have  been 
already  seized  ;  and  to  permit  the  exportation  thereof. 

That  a  copy  of  the  memorial  of  the  minister  pleni- 
potentiary of  France,  and  a  copy  of  the  papers  en- 
closed, be  immediately  transmitted,  with  the  foregoing 
resolution,  to  the  governour  and  council  of  the  state  of 
Maryland. 


132  SECRET  JOURNAL.  [Jan.  26, 

Resolved,  That  Congress  entertain  a  high  sense  of 
the  exertions  of  the  legislature  and  governour  and 
council  of  the  state  of  Maryland  to  procure  an  imme- 
diate supply  of  flour  and  other  provisions  for  the 
army. 

And  that  the  governour  and  council  be  requested  to 
cause  the  same  to  be  forwarded  as  fast  as  procured,  to 
the  army,  the  pressing  wants  of  which  demand  imme- 
diate relief. 


JANUARY  26,  1700. 

The  committee,  to  whom  was  referred  a  letter  of  the 
19th  from  general  Washington,  brought  in  a  report, 
which  was  read  and  taken  into  consideration. 

The  first  paragraph  bring  read,  viz. 

"  That  general  Washington  be  informed  that  Con- 
"  gress  had  no  intention  of  connecting  the  settlement 
"  or  payment  of  the  accounts  against  the  convention 
"  troops  with  the  proposed  exchange  of  prisoners,  and 
"  that  he  be  authorized  to  proceed  to  negotiate  said 
"  exchange  with  all  convenient  despatch  on  such 
"  terms,  in  all  respects,  as  he  may  judge  most  expe- 
"  diem" — 

An  amendment  was  moved  by  Mr.  Livingston,  se- 
conded by  Mr.  Folsom,  to  add  thereto  "Yet  from  a 
':  change  of  circumstances,  they  think  it  improper  to 
"  conclude  fin  exchange,  till  it  is  agreed  as  a  prelimi- 
"  nary  article  that  the  accounts  be  settled  and   paid." 

A  motion  was  made  by  Mr.  M:Kean,  seconded  by 
Mr.  Penn,  to  postpone  the  consideration  of  the  para- 


1780.]  DOMESTICK  AFFAIRS.  133 

graph   and   amendment,  in  order  to   consider  the  fol- 
lowing proposition  : 

"  That  the  general  be  informed  it  is  the  wish  of 
"  Congress  that  the  exchange  of  prisoners,  upon  prin- 
"  ciples  of  equality,  should  proceed  at  all  events;  but 
"  that  they  also  hope  it  may  be  practicable,  in  the 
"  course  of  the  business,  to  obtain  an  assurance,  that 
"  the  accounts  for  the  subsistence  of  the  convention 
"  troops  shall  be  liquidated  and  paid,  by  retaining  a 
"  number  of  them,  not  less  than  five  hundred,  to  se- 
"  cure  this  measure,  or  otherwise  ;  that,  however,  Con- 
"  gress  submit  the  whole  to  his  wisdom  and  pru- 
"  dcncc.'1 

On  the  question  to  postpone,  for  the  purpose  above 
mentioned,  the  yeas  and  nays  being  required   by  Mr. 
Fell- 
New  Hampshire,     Mr.  Folsom,  No.  )>No. 

Massachusetts  Bav,  Mr.  Lovell, 
Mr.  Molten, 
Mr.  Partridge, 

Rhode  Island,  Mr.  Ellery,  No.  )>No. 

Connecticut,  Mr.  Huntington,    No.  } 

Mr.  Sherman,         No.v  No. 
Mr.  Ellsworth,       No. ) 

New  York,  Mr.  Livingston,     No.  } 

Mr.  Floyd,  No.VNo. 

Mr.L'HommedieUjNo. ) 


No. 


w  Jersey. 

Mr.  Fell, 

No. 

Mr.  Houston. 

No. 

Mr.  Clark. 

No. 

134 

Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 
North  Carolina, 


SECRET  JOURNAL. 


[Jan.  26, 


Mr.  Searle,  No." 

Mr.  Muhlenberg,  No.  L  « 
Mr.  M'Lene, 
Mr.  Shippen, 

Mr.  M'Kean, 


Mr.  Plater, 
Mr.  Forbes, 

Mr.  Griffin, 

Mr.  Penn, 
Mr.  Burke, 
Mr.  Jones, 


No.  , 
No.J 

Ay.  )>Ay. 

No.)  M 
No.  \  No* 

No.  )>x 

Ay.) 

No  V  No. 

No.S 


South  Carolina,         Mr.  Matthews,      No.  )>No. 

So  it  parsed  in  the  negative. 

On  the  question  to  agree  to  the  amendment,  the  yeas 
and  nays  being  required  by  Mr.  Fell — 


iD 


New  Hampshire,     Mr.  Peabody,  No. 

Mr.  Folsom,  Ay 

MassachusettsBay,Mr.  Lovell,  No.} 

Mr.  Holten,  No.  \  No. 

Mr.  Partridge,  No.  3 

Mr.  Ellery,  Ay.  )>Av. 


IVIDED. 


Rhode  Island, 
Connecticut, 

New  York, 


Mr.  Huntington,      No.  } 
Mr.  Sherman,  No.  >  No. 

Mr.  Ellsworth,        No.) 

Mr.  Livingston,       Ay. } 
Mr.  Floyd,  No.VNo. 

Mr.  L'Hommedieu,No.) 


1780.} 


DOMESTICK  AFFAIRS. 


13* 


New  Jersey, 


Mr.  Fell, 
Mr.  Houston, 
Mr.  Clarke, 


Pennsylvania,  Mr.  Searle, 


No. 
No. 

Ay.; 

No. 


No. 


Mr.  Muhlenberg,    No.  I  ^ 
Mr.  M'Lene,  No.  ? 

Mr.  Shippen,  No. 


Delaware, 
Maryland, 

Virginia, 
North  Carolina, 


Mr.  M'Kean, 

Mr.  Plater, 
Mr.  Forbes, 

Mr.  Griffin, 

Mr.  Penn, 
Mr.  Burke, 
Mr.  Jones, 


No.  )>No. 

No. 


No. 
No. 


No.  yx 


No. 


South  Carolina,      Mr.  Matthews,        No.  ^No. 
■ 

So  it  passed  in  the  negative. 

The  main  question  being  amended  to  read — "That 
*  general  Washington  be  authorized  to  proceed  to  ne- 
"  goliate  an  exchange  of  prisoners  with  all  convenient 
"  despatch,  on  such  terms,  in  all  respects,  as  he  may 
"  judge  expedient" — 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
being  required  by  Mr.  Fell — 


New  Hampshire,     Mr.  Peabody, 
Mr.  Folsom. 

Massachusetts  Bay,  Mr.  Gerry, 
Mr.  Lovell, 
Mr.  Molten, 
Mr.  Partridge. 


No.) 
No.  5 

No.^ 
No.  I 


No. 


.    *  >  Divided. 
Ay.  f 

Ay.J 


136  SECRET  JOURNAL.  [Jan.  26, 

Rhode  Island,  Mr.  Ellery,  No.  >No. 

Connecticut,  Mr.  Huntington,      Ay.  } 

Mr.  Sherman,  Ay.  >  Ay. 

Mr.  Ellsworth,  Ay.) 

New  York,  Mr.  Floyd,  Ay.  )  ^y 

Mr.  L'Hommedieu,  Ay.  5 

New  Jersey,  Mr.  Fell,  Ay.  >   . 

Mr.  Houston,  Ay.  $ 

Pennsylvania,  Mr.  Searle,  Ay. )   . 

Mr.  M'Lene,  Ay.  J^' 

Maryland,  Mr.  Plater,  Ay.  )  , 

Mr.  Forbes,  Ay.  J 

Virginia,  Mr.  Griffin,  Ay.  )>X 

North  Carolina,       Mr.  Penn,  Ay.} 

Mr.  Burke,  Ay.>  Av. 

Mr.  Jones,  -Ay.) 

South  Carolina,       Mr.  Matthews,  Ay.  )>Av. 

So  it  was  resolved  in  the  affirmative. 

The  next  paragraph   in  the  report  being  read,   viz. 

"  That  the  resolution  of  Congress,  of  the  11th  of 
"  January,  instant,  respecting  the  penalty  for  non- 
"  payment  of  the  money  due  from  the  convention 
"  troops  be  repealed  : 

"  And  that  the  board  of  treasury  suspend  the  requi- 
"  sition  for  the  payment  of  the  said  money,  until  the 
"  proposed  negotiation  for  exchange  of  prisoners  is 
*•  finished"— 

A  division   was  called  for  ;  and  on  the  question — 

Resolved,  That  Congress  agree  to  the  first  clause. 


1780.] 


DOMESTICK  AFFAIRS. 


137 


On  the  question  to  agree  to  the  second  clause,  viz. 
"  And  that  the  board  of  treasury  suspend,"  &c. — the 
yeas  and  nays  being  required  by  Mr.  Fell — 


New  Hampshire,     Mr.  Peabody, 
Mr.  Folsom, 

Massachusetts  Bay,Mr.  Lovell, 
Mr.  Holten, 


Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 

Maryland, 

Virginia, 


No.)  n 

.         >  DlVIDEDi 

Ay.  5 

No.  >>No. 


Mr.  Ellery, 

Mr.  Huntington,      Ay.  )   . 
Mr.  Sherman,  Ay.  5 

Mr.  Floyd,  Ay.  )  Ay> 

Mr.  L'Hommedieu,  Ay.  $ 


Mr.  Fell, 
Mr.  Houston, 
Mr.  Clark, 

Mr.  Searle, 
Mr.  M'Lene, 

Mr.  Plater, 
Mr.  Forbes, 

Mr.  Griffin, 


Ay-K 

No.  V  No. 
No.S 


North  Carolina,      Mr.  Penn, 
Mr.  Burke, 
Mr.  Jones, 

South  Carolina,       Mr.  Matthews,         Ay.  )»Av. 

So  it  was  resolved  in  the  affirmative. 
On  the  question  to  agree  to  the  whole  as  amended, 
the  yeas  and  nays  being  required  by  Mr.  Peabody— - 
vol.  1.  18 


138 


SECRET  JOURNAL. 


New  Hampshire,    Mr.  Peabody, 
Mr.  Folsom, 

Massachusetts Bay,Mr.  Lovell, 
Mr.  Holten, 


No. 
No. 

No. 
Ay. 


[Jan.  11, 

No. 
Divided. 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey. 

Pennsylvania, 

Maryland, 

Virginia, 
North  Carolina, 


No.  >No. 


Mr.  Ellery, 

Mr.  Huntington, 
Mr.  Sherman, 
Mr.  Ellsworth, 


Mr.  Floyd,  Ay.  ) 

Mr.  L'Hommedieu,  Ay.  $ 


Mr.  Fell, 

Mr.  Houston, 
Mr.  Clarke, 

Mr.  Searle, 
Mr.  M'Lene, 

Mr.  Plater, 
Mr.  Forbes, 


Ay. 


Mr.  Griffin, 

Mr.  Penn, 
Mr.  Burke, 
Mr.  Jones, 


South  Carolina,       Mr.  Matthews,        Ay.  )>Av. 

So  it  was 

Resolved,  That  general  Washington  be  authorized 
to  proceed  to  negotiate  an  exchange  of  prisoners,  with 
all  convenient  despatch,  on  such  terms  in  all  respects 
as  he  may  judge  expedient. 

That  the  resolution  of  Congress  of  the  11th  instant, 
respecting  the  penalty  for  non-payment  of  the  money 


1780.]  DOME8TICK  AFFAIRS.  139 

due  from  the  convention  troops  be  repealed.  And 
that  the  board  of  treasury  suspend  the  requisition  for 
payment  of  the  said  money,  until  the  proposed  nego- 
tiation for  exchange  of  prisoners  is  finished. 

FEBRUARY  8,  1780. 

On  a  report  of  the  board  of  treasury — - 
Resolved,  That  the  board  of  treasury  direct  Tho- 
mas Smith,  esquire,  continental  loan  officer  for  the 
state  of  Pennsylvania,  to  deliver  to  Peter  Whitesides, 
or  his  order,  three  thousand  nine  hundred  and  thirty- 
one  Mexican  dollars  and  thirty-five  fifty-fourths  of  a 
dollar,  in  bills  of  exchange,  drawn  upon  the  honoura- 
ble John  Jay,  minister  plenipotentiary  of  the  United 
Slates  at  the  court  of  Madrid,  to  discharge  a  note  given 
by  the  treasury  to  Robert  Morris,  esquire,  for  specie 
borrowed  agreeably  to  a  resolution  of  Congress  of  tha 
16th  of  June  last, 

MARCH   4  4,  1780. 

It  being  represented  that  the  board  of  war  have  it 
in  their  power  to  make  a  contract  which  will  be  highly 
beneficial  to  the  United  States,  but  that  to  ensure  the 
success  of  it  secrecy  is  necessary—^ 

Ordered,  That  a  committee  of  three  be  appointed  to 
confer  with  the  board  of  war,  and  report  on  the  ex- 
pediency of  the  measure. 

The  members — Mr.  Kllcry,  Mr.  Clarke,  and  Mr« 
Sherman. 


141*  SECRET  JOURNAL.  [April  17, 


MARCH  20,   1780. 

The  committee  appointed  to  confer  with  the  board 
of  war  relative  to  a  contract  offered  to  the  board  of 
war,  report — 

That  they  have  attended  that  duty,  and  are  of  opi- 
nion, that  the  proposed  contract  will  be  beneficial  to 
the  United  States ;  and  that  it  is  expedient  for  the 
board  of  war  to  take  the  measures  necessary  to  carry 
the  same  into  execution.  That  when  the  contract  is 
fulfilled,  bills  on  Spain,  not  exceeding  the  amount  of 
thirty  thousand  pounds  sterling,  must  be  furnished  the 
board  to  enable  them  on  their  part  to  comply  with  the 
terms  of  the  contract :  Whereupon, 

Resolved,  That  the  board  of  war  be  authorized  to 
complete  the  proposed  contract ;  and  when  fulfilled, 
that  bills  of  exchange  be  drawn  on  Spain  to  the  amount 
of  thirty  thousand  pounds  sterling,  or  so  much  thereof 
as  may  be  necessary  for  the  above  purpose,  payable 
to  the  paymaster  of  the  board  of  war  and  ordnance 
for  discharging  the  said  contract. 

APRIL  17,  1780. 

On  the  report  of  a  committee  to  whom  was  referred 
a  letter  from  lieutenant  colonel  Dericks — 

Resolved,  That  lieutenant  colonel  Dericks  have 
leave  to  return  to  Holland  agreeably  to  his  request. 

That  for  his  past  services,  and  to  enable  him  to  re- 
turn home,  a  bill  of  exchange  for  the  sum  of  five  hun- 
dred dollars  be  drawn  in  his  favour,  on  the  honoura- 


1780.]  DOMESTICK  AFFAIRS.  141 

ble  Henry  Laurens ;  and   that  his  pay  for  the  future 
cease. 


APRIL  19,  1780. 

A  letter  from  J.  Wilson  and  W.  Lewis,  in  behalf 
of  Mr.  Aaron  Lopez,  a  merchant  residing  in  the  state 
of  Massachusetts  Bay,  was  read,  requesting  a  protec- 
tion for  him,  and  also  for  his  factor,  captain  Benjamin 
Wright,  to  enable  Mr.  Lopez  to  remove  his  property 
from  Jamaica  to  some  of  these  United  States. 

Resolved,  That  the  request  be  granted. 

APRIL  20,  1780. 

On  a  report  from  the  board  of  treasury — 
Resolved,  That  the  board  of  treasury  be  authorized 
to  negotiate,  at  the  current  rate  of  exchange,  bills  of 
exchange  drawn  on  the  honourable  John  Jay,  pur- 
suant to  a  resolution  of  Congress  of  the  23d  of  No- 
vember last,  to  the  amount  of  live  million  of  dollars, 
continental  currency,  no  greater  part  of  which  than  to 
the  amount  of  one  million  of  dollars  to  be  negotiated 
in  the  present  month. 

APRIL  24,  1780. 

The  following  letter  to  the  states  was  agreed  to  : 

"  It  is  the  duty  of  Congress  to  be  as  full  and  expli 

"  cit  in  their  requisitions  as  the  publick  exigencies  arc 

•'•  great  and  pressing;  and  they  are  confident  that  the 

i;  citizens  of  these  states  are  not  more  desirous  to  be 


142  SECRET  JOURNAL.  [April  24, 

<;  informed  of  their  affairs,  than  they  are  ready  and 
"•''  willing  to  afford  the  most  vigorous  assistance.  It  is 
"  unnecessary  to  mention  our  embarrassments.  They 
"  are  known  to  you.  To  the  means  of  relieving  them 
(C  we  wish  your  attention. 

M  The  whole  of  the  moneys  due  on  the  quotas  of 
"  taxes  to  the  first  of  March  last,  arc  become  of  im- 
"  mediate  and  indispensable  necessity.  Numerous 
"  debts  have  accumulated  on  the  publick  departments, 
il  and  justice  requires  they  should  be  forthwith  dis- 
"  charged.  Large  sums  are  also  requisite  for  the 
"  purposes  of  transportation,  and  to  continue  the  pur- 
"  chases  of  supplies  for  the  army  until  the  stales  are 
"  prepared  to  furnish  them.  On  these  quotas  drafts 
"  are  now  making,  and  must  continue  to  be  made  to 
t:  the  whole  amount,  nor  can  a  doubt  be  admitted  of 
"  their  being  punctually  answered.  If  any  state  should 
"  be  unprepared,  if  the  collections  are  incomplete,  not 
"  a  moment  is  to  be  lost.  Delay  will  be  disappoint- 
"  ment,  and  may  involve  consequences  too  interesting, 
'•'  too  fatal,  to  be  hazarded.  Should  the  publick  ope- 
"  rations,  through  languor  and  inattention,  be  retarded 
"  and  stopped  ;  should  those  exertions,  which  have 
"  hitherto  rendered  this  contest  conspicuous  to  the 
('  world,  be  intermitted,  the  fairest  prospects  and  the 
"  most  promising  occasion  may  be  irretrievably  lost. 
"  Urge,  therefore,  the  instant  execution  of  every  mea- 
"  sure  which  has  been  adopted,  and  the  speedy  adop- 
"  tion  of  such  as  yet  remain  to  be  taken. 

"  The  specifick  supplies  required  by  the  resolution 
;t  of  the  25th  of  February  last,  will  forthwith  become 
;*  matter  of  equal  urgency  and   importance.     These 


1780.]  DOMFSTICK  AFFAIRS.  143 

"  must  be  relied  on  in  future,  as  the  principal,  not  to 
"  say  the  only  resource  from  which  the  army  is  to  be 
"  supported.  From  the  obvious  propriety  of  adopting 
"  the  mode  there  described,  as  best  suited  to  the  ease 
"  and  convenience  of  the  respective  states,  as  making 
"  a  just  apportionment  of  the  burdens  of  the  war,  and 
"  as  necessary  for  correcting  abuses  in  the  expendi- 
"  ture  of  the  publick  money,  Congress  have  the  ful- 
11  lest  confidence  that  the  measure  will  be  approved  and 
"  successful,  and  by  seasonably  and  amply  providing 
"  for  the  army,  enable  them  to  act  and  co-operate  as 
"  circumstances  may  require,  with  vigour  and  decision, 
"  through  the  ensuing  campaign. 

"  The  resources  of  our  country,  even  after  a  five 
"  years  obstinate  and  wasting  war,  are  still  abundant ; 
"  and,  in  articles  the  most  essential,  scarcely  impair- 
M  ed.  The  spirit  of  the  people  is  free  to  produce 
u  them.  All  that  is  wanting  is  an  established  mc- 
"  dium  of  negotiation  to  be  applied  in  effecting  it. 
"  Such  we  are  firmly  persuaded  will  be  secured  by  a 
"  proper  attention  to  the  resolutions  of  the  18th  of 
"  March  last,  from  which,  as  the  object  is  not  confined 
"  to  the  purchase  of  publick  supplies  only,  but  ex- 
M  tends  to  the  various  transactions  of  the  community, 
"  the  most  extensive  benefits  may  be  justly  expected. 

"  The  crisis  calls  for  exertion.  Much  is  to  be  done 
"  in  a  little  time.  And  every  motive  that  can  stimu- 
"  late  the  mind  of  man  presents  itself  to  view.  No 
"  period  has  occurred  in  this  long  and  glorious  strug- 
"  gle,  in  which  indecision  could  be  so  destructive ;  and 
"  on  the  other  hand,  no  conjuncture  has  been  more 
"  favourable  to  great  and  deciding  efforts. 


144  SECRET  JOURNAL.  fMay  9f 

"  We  detain  you  no  longer  than  to  mention  the  ne- 
"  cessity  of  early  and  frequent  communications  on  the 
"  subjects  of  this  address  ;  and  to  remind  you  how 
"  much  they  contribute  on  all  occasions,  to  the  suc- 
"  cess  of  arrangements  for  the  publick  safety." 

On  motion  of  Mr.  Lovell,  seconded  by  Mr.  Muhlen- 
berg, 

Resolved,  That  the  resolutions  of  the  17th,  respect- 
ing lieutenant  colonel  Dericks,  be  repealed. 

APRIL  25,  1780. 

Mr.  Plater,  a  delegate  from  Maryland,  laid  before 
Congress  a  resolve  of  the  assembly  of  that  state, 
granting  licence  to  Mr.  John  Hunt  to  proceed  to 
Great  Britain,  and  return  with  Mr.  Ridley  and  family 
by  the  way  of  New  York,  or  otherwise  ;  and  request- 
ing "  the  honourable  Congress  to  grant  their  passport  to 
"  protect  Mr.  Hunt  and  Mr.  Ridley  and  family  and  ef- 
•'  fects  from  capture  by  any  vessel  of  war,  privateer, 
"  or  letter  of  marque,  belonging  to  the  United  States, 
'-'-  or  any  of  them,  or  to  any  subject  of  the  United 
"States:"  Whereupon, 

Resolved,  That  the  request  of  the  assembly  of 
Maryland  be  complied  with  ;  and  that  the  President  be 
authorized   to  grant  letters  of  protection  accordingly* 

MAY  9,  1780. 

The  committee,  consisting  of  Mr.  Clarke,  Mr.  Lo- 
vell and  Mr.  Jos.  Jones,  to  whom  was  referred  a 
letter  of  the  5th  from  the  board  of  war,  report — 


1780.]  DOMESTICK  AFFAIRS.  145 

That  having  conversed  with  the  petitioner  therein 
referred  to,  and  having  received  from  the  board  the 
testimonies  mentioned  by  them  respecting  his  reputable 
character,  they  are  of  opinion  that  permission  should 
be  granted  to  the  petitioner  to  go  to  Great  Britain,  for 
the  purpose  of  removing  his  property  from  thence  to 
these  United  States  ;  and  that  a  protection  in  the  usual 
form  he  given  to  him. 

Resolved,  That  Congress  agree  to  the  report. 


MAY  10,  1780. 

On  a  report  of  the  board  of  treasury — 
Ordered,  That  a  warrant  issue  on  Thomas  Smith, 
commissioner  of  the  continental  loan  office  in  the  state 
of  Pennsylvania,  for  twenty-five  thousand  dollars,  spe- 
cie, in  favour  of  Joseph  Carleton,  paymaster  to  the 
board  of  war  and  ordnance,  payable  in  bills  of  ex- 
change to  be  drawn  on  the  honourable  John  Jay, 
esquire,  minister  plenipotentiary  of  the  United  States 
of  America  at  the  court  of  Madrid,  to  be  applied  pur- 
suant to  the  resolution  of  Congress  of  21st  April,  re- 
specting American  prisoners  ;  and  for  which  the  said 
J.  Carleton  is  to  be  accountable. 


MAY  20,  1780. 

On  the  report  of  the  said  committee — 

Resolved,  That  the  marquis  de  la  Fayette  be  re- 
quested to  make  such  communications  as  he  has  to  of- 
fer, relative  to  the  military  operations  of  the  fleet  and 
vol.  i.  19 


146  SECRET  JOURNAL.  [May  22, 

army  of  his  most  christian  majesty  in  America,  to  the 
commander  in  chief  of  the  American  army. 

Resolved,  That  the  commander  in  chief,  after  hav- 
ing received  the  communications  of  the  marquis  de  la 
Fiivetle,  take  such  measures  for  carrying  on  the  ope- 
rations of  the  ensuing  campaign  as  will  effectually  pro- 
mole  the  purposes  mentioned  in  the  answer  given  to 
the  communications  of  the  honourable  the  minister 
plenipotentiary  of  France,  on  the  31st  January  last. 

Resolved,  That  the  committee  who  brought  in  this 
report  be  requested  to  confer  with  the  honourable  the 
minister  ol  France  on  the  means  of  supplying  the  for- 
ces of  his  most  christian  majesty,  in  case  of  their  arri- 
val in  America,  and  to  report  thereon  to  Congress. 

Resolved,  That  the  same  committee  collect  the  in- 
telligence requested  in  the  communications  of  the  che- 
valier de  la  Luzerne  ;  and  that  they  be  for  that  pur- 
pose empowered  to  establish  correspondences  with  the 
governours  of  any  of  the  United  States,  or  such  other 
persons  as  they  may  think  proper;  and  that  they  lay 
such  intelligence  before  Congress. 

MAY  22,  1780. 

Resolved,  That  the  President  communicate  to  his 
most  christian  majesty,  through  his  minister  the  hon- 
ourable the  chevalier  de  la  Luzerne,  the  grateful  sense 
that  Congress  entertain  of  his  unremitted  attention  tO 
the  interests  of  these  United  States,  evidenced  by  his 
many  great  and  generous  efforts  in  their  behalf;  and 
that  his  minister  be  informed  of  the  proceedings  of 
Congress  in  consequence  of  his  communications. 


1700.]  DOMESTICK  AFFAIRS.  U| 


JUNE    I,    1780. 

On  a  report  of  the  board  of  war,  to  whom  were  re- 
ferred a  letter  of  27th  May,  from  governour  Clinton, 
and  a  letter  of  28th  May,  from  president  Weare — 

Resolved,  That  a  post  be  established  at  Sliohckin,  in 
the  county  of  Ulster,  in  the  slate  of  New  York,  and 
maintained  at  the  expense  of  the  United  States. 

That  the  said  garrison  be  under  the  particular  direc- 
tion and  superintendence  of  his  excellency  governour 
Clinton,  subjret  however  to  the  orders  of  the  com- 
mander in  chief  of  the  continental  army. 

That  if  the  number  of  troops  necessary  to  garrison 
this  post  cannot  be  conveniently  spared  out  of  those 
already  voted  by  Congress,  for  the  defence  of  the 
frontiers  of  the  state  of  New  York,  Congress  approve 
the  employing  from  time  to  time,  at  the  expense  of 
the  United  States,  such  number  of  militia  as  may  be 
sufficient  for  that  purpose ;  so  as  that  the  whole  em- 
ployed in  this  service  do  not  exceed  one  hundred  and 
fifty  men,  with  a  proper  proportion  of  officers. 

Resolved,  That  the  president  and  council  of  the 
state  of  New  Hampshire  be  authorized  to  embody  and 
maintain,  at  the  expense  of  the  United  States,  any 
number  of  men  not  exceeding  two  hundred  and  fifty 
rank  and  file,  with  a  proportionable  number  of  officers. 
to  assist  in  guarding  the  frontiers  of  that  state. 

On  the  report  of  a  committee  appointed  to  confer 
with  the  honourable  the  minister  plenipotentiary  of 
France — 

Resolved,  That  the  governour  of  the  state  of  Con- 


148  SECRET  JOURNAL.  (.June  24", 

necticut  be,  and  he  is  hereby  authorized  to  receive,  on 
account  of  these  United  States,  out  of  the  moneys  rais- 
ed by  that  state  more  than  sufficient  to  discharge  the 
drafts  heretofore  made  by  Congress,  and  to  comply 
with  the  inquisition  of  Congress  of  the  20th  of  May 
last,  or  out  of  the  hills  that  shall  be  completed  and 
lodged  in  the  continental  loan  office  in  that  state  for 
the  use  of  the  United  Slates,  pursuant  to  a  resolution 
of  Congress  of  the  18th  of  March  last,  one  million 
two  hundred  thousand  dollars  of  the  bills  now  in  cir- 
culation, or  thirty  thousand  dollars  of  the  bills  last 
mentioned,  or  a  proportion  of  each,  on  the  application 
of  monsieur  de  Corny,  commissary  of  the  troops  in  the 
service  of  his  most  christian  majesty  ;  and  advance 
the  same  to  him,  taking  his  receipts  to  replace  the 
same  in  specie  in  the  treasury  of  these  United  States, 
when  required  by  Congress;  the  said  receipts  to  be 
transmitted  to  the  treasury  board  as  soon  as  possible. 

JUNE  24,   1780. 

The  committee  of  commerce,  to  whom  was  referred 
a  communication  of  the  minister  of  France,  and  a  let- 
ter of  18th  May,  from  Mr.  Carabasse,  of  Cape  Fran- 
cois, brought  in  a  report :  Whereupon, 

Resolved,  That  the  board  of  admiralty  be  directed 
to  order  one  of  the  continental  frigates  to  proceed  as 
soon  as  possible  to  Cape  Francois,  and  to  take  on 
board  all  such  publick  goods  and  stores  as  Mr.  Cara- 
basse may  have  in  his  hands  to  ship;  and  to  proceed 
therewith  to  Delaware  or  Chesapeak  Bay. 


1780.]  DOMESTICK  AFFAIRS.  149 


JULY   14,   1780. 

Congress  took  into  consideration  the  report  of  a 
committee  on  a  memorial  of  Mr.  du  Simitiere  ;  and 
thereupon  came  to  the  following  resolution  : 

Whereas  Pierre  Eugene  du  Simitiere,  of  the  city  of 
Philadelphia,  hath,  with  great  industry,  and  at  much 
expense,  collected  materials  for  a  literary  work  to  be 
entitled,  "  Memoirs  and  observations  on  the  origin  and 
"  present  state  of  North  America,"  and  hath  solicited 
Congress  to  grant  him  encouragement  in  preparing  and 
publishing  the  same;  and  whereas  Congress  are  fully 
satisfied  that  a  work  of  this  nature  will  greatly  tend  to 
diffuse  useful  knowledge — 

Resolved,  That  for  the  encouragement  of  the  said 
Mr.  du  Simitiere,  in  carrying  on  and  completing  his 
said  undertaking,  it  be,  and  it  is  hereby  recommended 
to  the  several  states,  upon  his  application,  to  afford 
him  such  assistance  as  may  be  most  beneficial  to  him, 
in  rendering  his  said  work  complete  and  useful. 

AUGUST  2,  1780. 

On  the  report  of  a.  committee  consisting  of  Mr. 
Henry,  Mr.  M'Kean,  Mr.  Ward,  Mr.  J.  Jones  and 
Mr.  Ingersol,  to  whom  was  referred  a  letter  of  18th 
July  from  the  committee  at  head  quarters — 

Resolved,  That  the  resolutions  of  Congress  where- 
by the  commander  in  chief  is  restricted  in  his  opera- 
tions to  the  limits  of  the  United  States,  be  reconsider- 
ed, and  the  restriction  taken  off. 


150 


SECRET  JOURNAL. 


[Aug.  £, 


On  the  question  to  agree  to  this,  the  yeas  and  nayg 
having  been  required  by  Mr.  Scott — 

New  Hampshire,       Mr.  Folsom,  Ay.  )»Av. 

Massachusetts  Bay,  Mr.  S.  Adams,       Ay.  } 

Mr.  Love  II,  Ay.>  Ay. 

Mr.  Ward,  Ay.) 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 

Pennsylvania, 

Delaware, 
Maryland, 
Virginia, 

North  Carolina, 
South  Carolina. 


Mr.  Cornell,  Ay.  )>Av. 

Mr.  S. Huntington, No. } 
Mr.  Sherman,         Ay.>  Ay. 
Mr.  B.Huntington, Ay.) 


Mr.  Scott, 

Mr.  Foil, 
Mr.  Clarke, 


Ay.  ^Av. 
Ay.\Av' 


Mr.  Armstrong,      Ay.  } 
Mr.  Matlock,  Ay.'  Ay. 

Mr.  Ingersol, 


Mr.  M'Kean, 
Mr.  Vandyke, 

Mi.  Hanson, 
Mr.  Henry, 

Mr.  J.  Jones, 
Mr.  Madison, 
Mr.  Walker, 

Mr.  W.  Jones, 
Mr.  Hill, 

Mr.  Bee, 

Mr.  Kinlock, 
Mr.  Motte, 


No.} 


No«?  NT 

No.  I  No' 


1780.]  DOMESTICK  AFFAIRS.  161 

Mr.  Telfair,  No.  ) 

Mr.  Few,  Ay.  $ 


Georgia,  Mr.  Telfair,  No.  }  Divided. 


So  it  was  resolved  in  the  affirmative. 


AUGUST  9,  1780. 

Congress  resumed  the  consideration  of  the  report  on 
the  state  of  South  Carolina  and  Georgia  ; 

And  on  motion  of  Mr.  Walton,  seconded  by  Mr. 
Bee- 
Resolved,  That  the  board  of  treasury  be  directed 
to  prepare  bills  of  exchange  of  suitable  denomina- 
tions upon  the  honourable  Benjamin  Franklin,  minis- 
ter plenipotentiary  of  the  United  States  at  the  court 
of  Versailles,  for  one  hundred  thousand  dollars  in 
specie. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
having  been  required  by  Mr.  Sherman — 

New  Hampshire,       Mr.  Folsom,  No.  ^No. 

Massachusetts  Bay,  Mr.  Lovell,  Ay.  )  n 

Mr.  Ward,  No.  $  UIVIDET>- 

Rhode  Island,  Mr.  Cornell,  Ay.  ^Ay. 

Connecticut,  Mr.  S.Huntington,No. } 

Mr.  Sherman,         No.V  No. 
Mr.  B.Huntington,No.) 

New  Jersey,  Mr.  Houston,         Ay.  y>' 


152 

Pennsylvania, 

Delaware, 

Maryland, 
Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


SECRET  JOURNAL. 

Mr.  Armstrong, 
Mr.  Muhlenberg, 
Mr.  Matlock, 
Mr.  Ingersol, 

Mr.  M'Kean, 

Mr.  Van  Dyke, 


[Aug.  12, 


AyA 

Av'  Iay 
No.  fAY* 

Ay.J 


Ay. 

Ay. 


Ay. 


Ay. 


Mr.  Hanson,  Ay.  )>X 


Mr.  J.  Jones, 
Mr.  Madison, 
Mr.  Walker, 

Mr.  W.  Jones, 
Mr.  Hill, 

Mr.  Laurens, 
Mr.  Bee, 
Mr.  Kinlock, 
Mr.  Motte, 

Mr.  Walton, 
Mr.  Telfair, 


Ay.) 

Ay.  5 


Ay.^l 
Ay-  f 

Ay.J 


So  it  was  resolved  in  the  affirmative. 
Resolved,  That  the  bills  be  made  payable  at  ninety 
days  sight. 


AUGUST  12,  17C0. 

On  motion  of  Mr.  Bee,  seconded  by  Mr.  Telfair — 
Ordered,  That  the  minisier  of  France  be  furnished 
with  a  copy  of  the  resolution  of  the  5th,  respecting  a 
plan  of  operations  to  be  concerted  for  expelling  the 
enemy  from  South  Carolina  and  Georgia  ;  and  that  he 
be  informed  that  it  is  the  desire  of  Congress  that  he 


1780.]  DOMESTICK  AFFAIRS.  153 

will  use  his  influence  to  cause  such  plan  as  the  com- 
mander in  chief  may  form,  or  the  measures  which  he 
may  recommend,  to  be  undertaken  by  the  forces  of 
his  most  christian  and  catholick  majesties,  in  conse- 
quence of  the  aforesaid  resolves,  to  be  carried  into 
effect. 


AUGUST  19,   1780. 

On  a  report  of  the  board  of  treasury,  to  whom  was 
referred  a  letter  of  15th  from  governour  Rutledge — 

On  motion, 

Resolved,  That  the  board  of  admiralty  be,  and 
hereby  are,  directed  to  order  the  Saratoga  to  sail  im- 
mediately ;  and  to  obey  such  orders,  and  take  charge 
of  such  despatches,  as  they  may  receive  from  the  com- 
mittee of  conference  with  the  minister  of  France. 

SEPTEMBER  29,  1780. 

On  motion  of  Mr.  Matlock,  seconded  by  Mr.  Hous- 
ton— 

Resolved,  That  it  be  recommended  to  the  states  re- 
spectively to  supply  their  delegates  with  money  for 
their  support  by  other  means  than  drawing  on  the 
treasury  of  the  United  States,  except  only  such  cases 
as  may  render  that  mode  indispensably  necessary. 

OCTOBER  4,  1780. 

A  letter  from  governour  Jefferson  being  read — 
Resolved,  That  the  same  be  referred  to  the  board 
of  war;  and 

vol.  i.  20 


1j4  SECRET  JOURNAL.  [Oct.  25, 

That  so  much  of  the  twenty  thousand  pounds  sterl- 
ing, directed  by  a  resolution  of  the  2d  to  be  drawn  on 
the  honourable  John  Jay  and  the  honourable  H.  Lau- 
rens, as  shall  remain  aficr  discharging  the  debts  due 
to  Tracy  and  Co.  and  advancing  seven  thousand 
pounds  sterling  to  W.  Bingham,  be  appropriated  to 
the  providing  and  transporting  arms  for  the  troops 
raising  in  Virginia  for  continental  service. 

OCTOBER  21,  1780. 

A  letter  of  10th  from  governour  Jefferson  was  read  : 
Whereupon, 

Resolved,  That  the  reasons  assigned  by  his  excel- 
lency governour  Jefferson,  for  inviting  Ocanostota  and 
a  few  other  principal  warriors  of  the  Cherokee  nation 
to  visit  Congress,  and  the  commander  in  chief  and 
army,  are  wise  and  prudent;  and  that  governour  Jef- 
ferson's letter,  with  the  papers  enclosed,  be  referred 
to  the  board  of  war,  who  are  directed  to  take  order 
for  the  accommodation  of  the  said  chiefs  on  their  ar- 
rival. 

OCTOBER  25,  1780. 

The  committee,  consisting  of  Mr.  Cornell,  Mr.  Mat- 
lock, Mr.  Houston,  Mr.  Duane,  and  Mr.  Henry, 
report — 

That  from  the  report  of  the  board  of  war  of  the 
16th  September,  referred  to  them,  it  appears  that  the 
troops  are  again  in  danger  of  suffering  distress  from 
the  want  of  clothing ;  and  that  Congress  are  called 


1780.]  DOMESTICK  AFFAIRS.  15$ 

upon  to  make  every  possible  exertion  to  prevent  a  ca- 
lamity which  may  be  productive  of  the  worst  conse- 
quences. That  from  the  returns  of  the  clothier  gene- 
ral of  the  1st  June  last,  referred  to  in  the  report  of  the 
board  of  war,  it  appears  that  there  were  in  the  store 
one  thousand  one  hundred  and  ninety-six  coats,  two 
thousand  and  twenty-seven  vests,  five  hundred  and 
eighty-six  woolen,  nine  hundred  and  seventy-one  lea- 
thern, and  one  thousand  two  hundred  and  fifty-six 
drilling  and  linen  breeches,  and  twenty- four  thousand 
six  hundred  and  forty-five  pair  of  shoes.  That  from 
an  examination  of  different  returns  of  the  agents,  the 
committee  are  of  opinion  there  is  a  quantity  of  made 
shirts,  and  linen  on  hand  sufficient  in  the  whole  for 
thirty  five  thousand  shirts  ;  and  that  there  are  also  on 
hand  fourteen  thousand  blankets;  but  what  part  of  the 
articles  mentioned  in  the  said  returns  are  since  ex- 
pended, the  committee  arc  uninformed. 

That  it  appears  from  the  above  mentioned  report  of 
the  said  board,  that  they  know  of  no  addition  to  the 
quantities  of  clothing  specified  in  the  clothier  gene- 
ral's return,  except  the  articles  agreed  for  by  Otis  and 
Henly,  with  monsieur  Tracy  and  Co.,  which  lie  at  Bos- 
ton, and  cannot  be  made  use  of,  for  want  of  money  to 
pay  the  workmen  ;  and  except  a  small  quantity  of 
clothing  arrived  in  the  French  fleet,  which  they  are 
informed  is  sent  off  to  headquarters,  the  quantity  or 
species  they  are  unacquainted  with  ;  but  that  the 
whole  stock  of  clothing  on  hand  will  bear  a  small  pro- 
portion to  the  quantities  requisite.  That  from  an 
estimate  made  by  Otis  and  Henly,  the  goods  purchas- 
ed from  them  will  make  up  two  thousand  three  bun- 


186 


SECRET  JOURNAL. 


[Oct.  25, 


drcd  suits  of  clothes,  four  thousand  six  hundred  and 
fifty  vests,  and  two  hundred  and  sixty-seven  pair  of 
cloth  breeches,  exclusive  of  their  contract  for  three 
hundred  pair  of  leather  breeches. 

The  committee  find  that  Mr.  de  Beaumarchais,  un- 
der the  name  of  Roderique  Hortalez  and  Co.  did,  in 
the  month  of  May,  1777,  lade  on  board  of  the  ship  La 
Therese,  at  Nantes,  a  large  quantity  of  clothing  for  the 
United  States,  consigned  to  Mr.  Carabasse,  the  cor- 
respondent of  Mr.  de  Beaumarchais,  at  Cape  Fran- 
cois, in  the  island  of  St.  Domingo.  That  part  of  the 
said  clothing  has,  from  time  to  time,  been  shipped  by 
Mr.  Carabasse  in  different  small  vessels  consigned  to 
the  agents  of  Congress,  most  of  which,  it  is  said,  have 
safely  arrived  in  North  and  South  Carolina. 

That  it  further  appears  to  the  committee,  that  there 
still  remains  in  the  hands  of  Mr.  Carabasse  a  considera- 
ble part  of  the  said  clothing,  viz.  ninety-eight  bales  of 
woollen  cloths,  fifty-five  bales  of  thin  woollen  cloths, 
seventy  bales  of  white  linen,  twenty-five  bales  of  worst- 
ed hose,  twenty-three  bales  of  blankets,  twenty  bales 
of  worsted  caps,  and  a  quantity  of  buttons,  silk,  thread, 
and  trimmings.  That  by  a  letter  from  Mr.  Carabasse, 
of  the  18th  May,  it  appears,  that  it  was  not  in  his 
power  to  remit  the  said  goods  for  want  of  vessels  ;  and 
that  he  is  very  importunate  to  be  reimbursed  for  his 
advances  on  account  of  the  United  States  :  Where- 
upon, 

Resolved,  That  the  board  of  admiralty  be,  and 
hereby  is  directed  to  despatch  one  of  the  continen- 
tal frigates,  as  soon  as  can  be  done  with  any  prospect 
of  safety,  to  Cape  Francois,  for  the  clothing  and  other 


1780.] 


DOMESTICK  AFFAIRS. 


157 


publick  effects  now  in  the  care  of  Mr.  Carabasse  ;  and 
to  bring  the  same  into  such  port  as  the  said  board 
shall  judge  to  be  most  safe  and  convenient.  That  it 
be  referred  to  the  commercial  committee  to  report  the 
ways  and  means  for  reimbursing  Mr.  Carabasse  the 
money  he  has  advanced  for  the  United  States. 


NOVEMBER  1,  1780. 

A  letter  of  this  day  from  major  general  Greene  was 
read:  Whereupon, 

Resolved,  That  Congress  will  cause  bills  of  ex- 
change to  be  drawn  on  the  minister  of  these  United 
States  at  the  court  of  Versailles,  at  ninety  days  sight, 
to  a  sufficient  amount  to  pay  for  five  thousand  suits  of 
clothes  for  the  southern  army  ;  provided  the  same  can 
be  obtained  upon  reasonable  terms. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
having  been  required  by  Mr.  Lovcll  — 


Massachusetts, 

Rhode  Island, 
Connecticut, 
New  Jersey, 

Pennsylvania, 

Maryland, 


Mr.  Lovell, 
Mr.  Ward, 


No. 
Nt 


Mr.  Cornel,  Ay.  )>Ay. 

Mr.  S.  Huntington,  Ay.  )-Ay. 


Mr.  Fell, 
Mr.  Clarke, 


No. 
Ay. 


IVIDED. 


Mr.  Ingersol, 
Mr.  Matlock, 

Mr.  Plater, 
Mr.  Hanson, 
Mr.  Henry, 


VIDED. 


Ay. 


15ii 

Virginia, 
North  Carolina, 
South  Carolina, 
Georgia, 


SECRET  JOURNAL. 

Mr.  Madison, 
Mr.  Walker, 
Mr.  Bland, 

Mr.  W.  Jones, 
Mr.  Hill, 
Mr.  Sharpe, 

Mr.  Matthews, 
Mr.  Bee, 
Mr.  Motte, 

Mr.  Walton, 
Mr.  Few, 
Mr.  Howly, 


[Nov.  77 


Ay. 


Ay.) 

r.  V  Ay. 


Ay- 
Ay.S 


So  it  was  resolved  in  the  affirmative. 

Ordered,  That  a  committee  of  three  be  appointed  to 
inquire  upon  what  terms  a  contract  can  be  made  for 
the  purpose  above  mentioned  ;  and  that  the  committee 
be  directed  also  to  inquire  on  what  terms  the  same  can 
be  procured,  on  condition  to  be  paid  for  in  specie  at 
the  end  of  one  year  after  the  war,  with  an  interest  of 
six  per  cent,  per  annum,  in  specie,  in  the  mean  time  ; 
or  in  tobacco,  to  be  delivered  in  Virginia  or  Maryland. 

The  members — Mr.  Hanson,  Mr.  Cornell,  Mr.  Mat- 
lock. 


NOVEMBER  7,  1730. 

On  the  report  of  a  committee  to  whom  was  referred 
a  letter  of  the  7th,  from  general  Washington — 

Resolved,  That  general  Washington  be,  and  hereby 
is  authorized  and  instructed  to  effect  an  exchange  of 
all  continental  prisoners  of  war,  and  now  in  possession 


1780.]  DOIVTRSTTCK  AFFAIRS.  159 

of  the  enemy,  and  of  the  hostages  given  in  Canada,  as 
well  as  of  all  officers  on  parole,  and  officers  violators 
of  parole,  and  militia  actually  taken  in  arms  and  re- 
maining prisoners  of  war,  for  an  equal  number  of  the 
convention  troops  and  other  prisoners  in  our  hands, 
rank  for  rank  ;  and  where  similar  rank  will  not  apply, 
to  pursue  the  exchange  on  the  footing  of  composition, 
according  to  the  valuation  or  tariff,  agreed  on  by  the 
commissioners  at  Amboy  in  March  last. 

That  the  exchange  of  officers  next  in  rank  to  such 
as  cannot  be  exchanged  on  the  principle  of  equality 
be  considered  and  made  on  the  principles  of  compo- 
sition. 

That  all  prisoners  taken  by  the  American  forces  in 
the  northern  department,  and  permitted  to  return  home 
on  parole,  be  considered  and  exchanged  agreeably  to 
their  rank  and  order  of  capture. 

That  the  expense  incurred  for  removing  and  sup- 
porting the  convention  troops,  from  the  time  of  their 
capture,  be  adjusted  by  commissioners  to  be  appoint- 
ed for  effecting  the  said  exchange;  and  the  balance, 
after  deducting  the  expense  due  for  support  of  our 
prisoners  in  the  hands  of  the  enemy,  paid  prior  to  the 
exchange  of  any  part  of  the  said  troops. 

That  general  Washington  empower  the  commission- 
ers appointed  on  his  part,  in  case  any  dispute  should 
arise  respecting  the  support  of  the  convention  troops, 
to  submit  the  same  to  some  proper  arbitrating  power 
for  determination,  and  to  give  hostages  as  a  security  to 
refund,  in  case  any  part  thereof  shall  be  adjudged  to 
have  been  overpaid.  But  in  case  the  commissioners 
which  may  be  appointed  by  the  British  commander  in 


16Q  SECRET  JOURNAL.  [Nov.  7, 

chief  will  not  accede  to  the  above  terms,  the  commis- 
sioners appointed  by  general  Washington  may  propose 
to  them  the  exchanging  the  said  troops  without  pay- 
ment of  expense,  upon  their  submitting  the  6ame  as 
aforesaid,  and  giving  hostages  for  securing  the  pay- 
ment of  such  sums  as  may  be  adjudged  justly  due. 

That  all  officers  be  exchanged  according  to  the  rank 
they  held  at  the  time  of  capture  ;  and  such  of  the  mili- 
tary as  have  no  regimental  rank,  by  composition,  to  be 
settled  by  the  commissioners. 

That  a  brigadier  general  be  exchanged  with  each 
division  of  the  convention  troops,  one  major  general 
with  the  first,  and  one  with  the  last  divisions  ;  and  that 
lieutenant  general  Burgoyne  be  included  in  and  ex- 
changed with  the  second  division,  as  his  remaining  to 
be  exchanged  with  the  third  or  last  is  altogether  unmi- 
litary  and  inadmissible. 

That  hostages  be  mutually  given  as  a  security  that 
the  convention  troops,  and  those  received  in  exchange 
for  them,  do  not  bear  arms  prior  to  the  first  day  of 
May  next. 

That  general  Washington  be  informed  it  is  not  the 
sense  of  Congress  to  make  this  last  article  an  ultima- 
tum, unless  from  the  present  state  of  our  army,  the  im- 
probability of  his  being  joined  by  the  French  troops, 
or  other  circumstances,  he  shall  be  convinced  that  the 
convention  troops  will,  by  the  exchange,  be  put  in  a 
situation  to  act  with  the  British  army  at  the  southward 
prior  to  our  having  an  equal  force  in  readiness  to  op- 
pose them. 

On  passing  this  last  clause,  the  yeas  and  nays  having 
been  required  by  Mr.  Willie  Jones — 


l-»80.]  D0ME5TICK  AFFAIRS.  161 

Massachusetts  Bay,  Mr.  S.  Adams,       Ay.  )  A 
Mr.  Ward,  Ay.  j  AY* 

Connecticut,  Mr.  S.  Huntington,  Ay.  )»Ay. 

New  York,  Mr.  Duane,  Ay.  )»Ay. 

New  Jersey,  Mr.  Fell,  Ay.  )  ^ 

Mr.  Clarke,  No.  5  Dlv'°ED' 

Pennsylvania,  Mr.  Ingersol,  Ay.  ^Ay. 

Maryland,  Mr.  Plater,  Ay. )   . 

Mr.  Hanson,  Ay.  $ 

Virginia,  Mr.  Madison,         Ay. )   . 

Mr.  Bland,  Ay.  5  AY# 

North  Carolina,       Mr.  W.  Jones, 
Mr.  Sharpe, 

South  Carolina,        Mr.  Matthews, 
Mr.  Bee, 

Mr.  Kinlock, 
Mr.  Motte, 

Georgia,  Mr.  Wjlton, 

Mr.  Few, 
Mr.  Howly, 

So  it  was  resolved  in  the  affirmative. 

Resolved,  That  the  commander  in  chief  be  directed 
to  insist  upon  the  exchange  of  those  persons,  prisoners 
of  war  under  the  capitulation  of  Charleston,  alluded  to 
in  the  order  of  the  23d  day  of  September  last, 
vor,.  t.  21 


162  SECRET  JOURNAL.  [Nov.  9, 


NOVEMBER  9,  1780. 

A  circular  letter  to  the  states,  accompanying  the  re- 
solutions and  requisition  of  4ih  November: 

SIR, 

Fully  convinced  of  our  inability  to  obtain  the  grand 
object  ol  the  federal  union  without  the  vigorous  exer- 
tions of  the  several  states,  we  have  thought  it  our 
duty  to  make  the  requisitions  contained  in  the  enclosed 
resolutions  ;  and  we  wish  our  constituents  to  be  im- 
pressed with  the  necessity  of  a  speedy  and  punctual 
compliance.  For  although,  by  the  blessing  of  Provi- 
dence, we  have  been  conducted  thus  far  in  the  war 
with  a  powerful  and  enraged  enemy,  yet  the  events  of 
the  present  year  have  not  enabled  us  to  speak  the 
language  of  triumph.  This  indeed  may  be  attributed 
to  a  variety  of  causes  ;  but  we  cannot  refrain  from  ob- 
serving, that  the  unpunctuality  of  the  states  in  their 
supplies  of  men,  money,  and  provisions,  is  not  one  of 
the  least.  It  is  unnecessary  to  point  out  the  publick 
wants  and  distresses.  They  are  too  well  known,  too 
generally  felt.  Hitherto  the  war  has  been  carried  on 
principally  by  emissions  of  paper  money.  This  being 
depreciated,  and  Congress  having,  in  compliance  with 
the  general  inclination  and  voice  of  their  constitu- 
ents, resolved  to  stop  further  emissions,  we  are  com- 
pelled to  call  upon  the  states  for  taxes  and  specifick 
supplies. 

An  opinion  seems  to  prevail,  that  foreign  loans  can 
be  obtained;  and  we  perceive  with  regret  that  some 


1780.]  DOME9TICK  AFFAIRS.  163 

arc  disposed  to  place  too  great  reliance  on  this  source. 
Duty  compels  us  to  be  explicit  with  our  constituents 
on  a  subject  of  such  interesting  importance.  Every 
effort  has  been  made  for  the  purpose  of  procuring  lo;ins, 
but  without  sufficient  success  to  justify  a  relaxation  of 
our  own  most  vigorous  exertions. 

It  is  to  be  observed,  that  a  powerful  armed  neutrali- 
ty appears  to  be  formed  in  Europe,  determined  to 
support  the  freedom  of  commerce.  Should  overtures 
of  peace  be  the  result  of  a  convention  of  the  neutral 
powers,  is  it  not  our  interest,  is  it  not  our  indispen- 
sable duty,  to  be  prepared  for  such  an  event  ?  Our 
object  is  of  the  greatest  magnitude — the  security, 
freedom  and  independence  of  the  United  States  ;  and 
experience  evinces  that  no  nation  can  promise  itself  a 
safe  and  honourable  peace  which  is  not  in  condition  t» 
maintain  a  war  with  vigour.  We  are  confident  there 
is  no  want  of  ability  in  the  states  to  do  this.  Can  ar- 
guments then  be  necessary  to  call  forth  every  internal 
resource,  which  may  contribute  to  put  a  happy  period 
to  the  war  1  Is  it  not  high  time  to  expel  from  our  coun- 
try an  enemy,  whose  progress  is  marked  with  blood 
and  desolation,  and  whose  successes  inspire  them  only 
with  redoubled  vengeance  ? 

The  estimates  may  appear  large,  but  we  conceive 
them  to  be  absolutely  necessary.  To  the  utmost  of 
our  power  we  have  endeavoured  to  correct  abuses  in 
the  publick  expenditures.  We  have  called  for  the 
aid  of  the  respective  executives.  Again  we  recom- 
mend this  essential  object  to  their  attention.  Nothing 
on  our  part  shall  be  wanting  which  may  contribute 
to  promote  the  strictest  economy  in  dispensing    the 


164  SECRET  JOURNAL.  [Jan.  1, 

supplies  now  required.  We  have  only  to  add  our 
earnest  desire  that  no  time  may  be  lost;  and  should 
the  legislature  of  your  state  not  be  in  session  on 
the  receipt  of  this  letter,  that  it  may  be  immediately 
convened. 

By  order,  and  on  behalf  of  the  United  States  in 
Congress  assembled. 


'o' 


JANUARY  1,  1781. 

A  report  on  a  letter  of  23d  August  last,  from  Mr.  J. 
Adams,  being  read  and  recommitted — 

A  mo:ion  was  made  by  Mr.  Madison,  seconded  by 
Mr.  Bee, 

That  so  much  of  the  letter  from  Mr.  Adams  as  re- 
lates to  the  probable  operations  of  the  enemy  against 
thi  southern  states  be  transmitted  to  the  commander 
in  chief. 

And  that  he  be  informed  it  is  the  desire  of  Congress, 
that  he  should  immediately  make  such  distribution  of 
the  forces  under  his  command,  including  those  of  our 
allies  under  the  count  Rochambeau,  as  will  most  ef- 
fectually counteract  the  views  of  the  enemy,  and  sup- 
port the  southern  states. 

A  motion  was  made  by  Mr.  Sharpe,  seconded  by 
Mr.  Varnum,  to  strike  out  the  latter  clause,  "  And  that 
"  he  be  informed,"  &c.  And  on  the  question,  Shall  that 
clause  stand,  the  yeas  and  nays  being  required  by  Mr. 
Howly — 

New  Hampshire,      Mr.  Sullivan,  No.  )>No. 

Massachusetts  Bay,  Mr.  Ward,  No.  ^X 


1781.] 


DOMESTICK  AFFAIRS. 


16D 


Rhode  Island, 
Connecticut, 

New  York, 
Pennsylvania, 

Virginia, 

North  Carolina, 

South  Carolina, 

Georgia, 


Mr.  Varnum,  No.  ^No. 

Mr.  Huntington,  Ay.) 

Mr.  Root,  No.  \ 

Mr.  Wolcott,  No.) 


No. 


Mr.  Floyd, 


No. 


Mr.  Montgomery,  No. 
Mr.  Clymcr,  No. 


Mr.  Madison, 
Mr.  Bland, 

Mr.  Burke, 
Mr.  Sharpe, 
Mr.  Johnston, 

Mr.  Matthews, 
Mr.  Bee, 
Mr.  Motte, 

Mr.  Walton, 
Mr.  Few, 
Mr.  Howly, 


Ay. 
Ay. 

No. 

No. ' 
No.1 

No. 

Ay., 

Ay/ 

Ay. 

No. 
Ay. 


)>No. 
I  No. 

J*. 

>No. 
'  Ay. 
I  Ay. 


So  it  passed  in  the  negative,  and  the  clause  was 
struck  out. 

It  was  then  moved  by  Mr.  Burke,  seconded  by  Mr. 
Sharpe,  in  lieu  of  the  words  struck  out  to  insert 

"  And  that  he  be  desired  to  give  his  opinion  to  Con- 
"  gress  on  the  expediency  of  ordering  the  forces  of 
"  his  most  christian  majesty  now  at  Newport,  in 
"  Rhode  Island,  to  take  post  in  Virginia" — 

Which  was  agreed  to.     And  on  the  question — 

Ordered,  That  so  much  of  the  letter  from  Mr.  Adams 
as  relates  to  the  probable  operations  of  the  enemy 
against  the  southeYn  states  be  transmitted  to  the  com- 


166  SECRET  JOURNAL.  [Jan.  1C, 

mander  in  chief;  and  that  he  be  desired  to  give  his 
opinion  to  Congress  on  the  expediency  of  ordering  the 
forces  of  his  most  christian  majesty  now  at  Newport, 
in  Rhode  Island,  to  take  post  in  Virginia. 

JANUARY  4,  1781. 

On  the  report  of  a  committee  to  whom  was  referred 
a  memorial  of  Peter  January  — 

Resolved,  That  a  passport  be  given  to  Peter  Janua- 
ary  to  enable  him  to  go  to  Ireland,  and  to  bring  his 
property  from  thence  to  America  ;  he  rinding  security 
to  engage  in  no  trade  further  than  what  is  necessary 
to  the  transportation  of  his  properly  now  in  that 
kingdom. 

JANUARY  5,  1781. 

On  the  report  of  a  committee  to  whom  was  referred 
a  letter  from  J.  M'Combe — 

Resolved,  That  bills  of  exchange  on  the  minister 
plenipotentiary  of  these  United  States  at  the  court  of 
Versailles  for  twelve  hundred  pounds  sterling,  paya- 
ble at  ninety  days  sight,  be  prepared  by  the  board  of 
treasury,  and  delivered  to  the  board  of  war,  and  nego- 
tiated, for  purchasing  under  their  direction,  clothing 
for  the  New  Jersey  line. 

JANUARY  16,  1781. 

It  being  represented  to  Congress  by  the  delegates 
of  South  Carolina  and  Georgia,  that  all  the  treasury 


1781.]  DOMESTICK  AFFAIRS.  V*1 

and  publick  papers  belonging  to  those  states,  were  de- 
posited some  time  since  in  Virginia  ;  and  they  have 
reason  to  apprehend  they  may  be  in  danger  of  falling 
into  the  enemy's  hands  :  Therefore, 

Ordered,  That  on  the  application  of  the  delegates 
aforesaid,  a  warrant  issue  in  their  favour  on  Thomas 
Smith,  commissioner  of  the  continental  loan  office  for 
the  state  of  Pennsylvania,  for  twenty  thousand  dollars 
of  the  old  emissions,  to  enable  them  to  remove  the  said 
publick  papers  to  some  place  of  greater  security  ;  and 
for  which  sum  the  said  states  are  respectively  to  be 
accountable — South  Carolina  for  two-thirds,  and  Geor- 
gia for  one-third  of  the  said  sum. 

JANUARY  18,  1781. 

A  report  from  the  board  of  war  was  read. 

Ordered,  That  it  be  recommitted  to  the  board,  and 
that  they  take  order  for  having  imported  from  France 
with  all  convenient  speed  the  brass  howitzers  men- 
tioned in  brigadier  general  Knox's  letter  of  27th  Dc 
cember. 

JANUARY  29,  1781. 

Resolved,  That  the  clause  in  the  act  of  Congress 
of  the  5lh,  which  directs  "  that  the  board  of  ad- 
"  miralty  issue  orders  not  to  exchange  any  British  sea 
"  officers  or  seamen,  until  the  enemy  shatl  have  return- 
"  ed  to  some  of  their  garrisons  in  America,  such  sea 
"  men  as  they  have  taken  upon  the  American   coast-- 


163  SECRET  JOURNAL.  [Feb.  20, 

"  and  sent  to  Great   Britain,  or  other  parts  beyond 
"  sea,"  be  and  is  hereby  repealed. 


FEBRUARY  19,  1781. 

On  motion  of  the  delegates  of  Virginia — 
Ordered,  That  the  quartermaster  general  transport 
to  fort  Pitt  four  tons  of  powder,  to  be  delivered  to  the 
order  of  the  state  of  Virginia  ;  and  for  which  the  said 
state  is  to  be  accountable.  That  the  expense  of  such 
transportation  be  charged  to  the  said  state;  and  that 
a  warrant  be  issued  by  the  board  of  treasury  in  favour 
of  the  said  quartermaster  general,  on  the  treasury  of 
Virginia,  for  twelve  hundred  dollars,  in  bills  emitted 
pursuant  to  the  resolution  of  1 8th  March  last,  for  which 
the  said  state  is  to  be  credited. 


FEBRUARY  20,  1781. 

Ordered,  That  a  committee  of  three  be  appointed 
to  draft  a  letter  to  the  commander  in  chief,  informing 
him  of  the  arrival  of  the  enemy's  reinforcement  in 
North  Carolina  ;  and  requesting  him  to  confer  with 
the  naval  and  land  commanders  of  his  most  christian 
majesty's  forces  at  Rhode  Island  ;  and  if  it  shall  ap- 
pear, that  the  loss  sustained  by  the  British  navy  in  the 
late  storm  has  rendered  the  French  naval  force  supe- 
rior, that  he  urge  the  necessity  of  sending  the  French 
forces  to  the  southward. 


1781.]  DOMESTICK  AFFAIR3.  16t 


FEBRUARY  28,  1781. 

On  motion  of  Mr.  M'Dougall,  seconded  by  Mr. 
Bland— 

Whereas  it  is  the  policy  of  all  wise  nations  to  dis- 
courage extravagance  and  promote  economy  in  their 
publick  officers,  and  an  attention  to  this  policy  is  in- 
dispensably necessary  in  republicks  ;  and  whereas  it 
is  improper  for  the  officers  of  the  army  or  navy  of  these 
states  to  manifest  the  least  disposition  to  imitate  the 
enemy  in  any  respect  which  will  not  promote  the  ser- 
vice of  these  states,  especially  to  wear  the  uniform  of 
the  enemy's  array  or  navy : 

Resolved,  That  after  the  first  day  of  January  next, 
no  officer  whatsoever,  in  the  service  of  the  United 
States,  shall  in  any  of  them  wear  on  his  clothes  any 
gold  or  silver  lace,  embroidery,  or  vellum,  other  than 
such  as  Congress  or  the  commander  in  chief  of  the  ar- 
my or  navy  shall  direct  for  the  uniform  of  the  corps, 
and  badges  to  distinguish  officers. 

Resolved,  That  after  the  said  first  day  of  January 
next,  no  officer  of  any  description  in  the  army  or  navy 
of  the  United  States,  or  any  other  officer  in  their  ser- 
vice, shall  wear  any  uniform  usually  worn  by  the  Bri- 
tish army  or  navy. 

vol.  i.  22 


17©  SECRET  JOURNAL.  [March  9, 

MARCH  8,  1781. 

IN    COMMITTEE    OF    THE    WHOLE. 

On  the  subject  of  finance. 

Papers  read. — The  letter  of  T.  Pickering,  quarter- 
master general,  March    3,    1781, 
on  the  subject  of  salary  and  certi- 
ficates, payable  in  specie  or  other 
money  equivalent. 
Resolution,  August  23,  1780,  respect- 
ing issuing  certificates. 
"         Sept.  25,  Explaining  equi- 
valent, 
"  "       26,  Reconsidered. 

"        Nov.  22,  Recommitted. 

MARCH  9,  1781. 

IN    COMMITTEE    OF    THE    WHOLE. 

Resolved,  That  all  debts  now  due  from  the  United 
States,  which  have  been  liquidated  in  specie  value, 
and  all  debts  which  have  been  or  shall  be  made  paya- 
ble in  specie,  or  other  money  equivalent,  shall  be 
actually  paid,  either  in  specie,  or  in  other  money 
equal  thereto,  according  to  the  current  exchange  be- 
tween such  money  and  specie. 

That  it  be  and  is  hereby  earnestly  recommended  to 
the  several  states,  to  amend  all  laws  making  the  bills  of 
credit  emitted  under  the  authority  of  Congress,  a  legal 
tender,  so  that  such  bills  shall 'not  be  a  tender  in  any 


1781.]  DOMESTIC*  AFFAIRS.  171 

other  manner  than  at  their  current   value   compared 
with  gold  or  silver. 

MARCH  10,  1781. 

IN    COMMITTEE    OP    THE    WHOLE. 

Resolved,  That  the  states  be  immediately  called 
upon  to  furnish  for  the  publick  expense,  and  carrying 
on  the  war,  their  proportions  of  one  million  five  hun- 
dred thousand  dollars,  quarterly  ;  the  first  quarterly 
payment  to  be  made  on  the  first  day  of  June  next. 

MARCH  13,  1781. 

IN    COMMITTEE    OF    THE    WHOLE. 

Resolved,  That  in  the  discharge  of  all  this  requisi- 
tion, as  well  as  those  made  by  Congress 
Amended.  on  the  26th  August  and  the  4th  Novem- 

ber, on  the  states,  for  defraying  the  ex- 
penses of  the  war,  except  those  for  sinking  the  bills 
emitted  by  Congress  prior  to  the  18th  March,  the  bills 
of  credit  emitted  pursuant  to  the  said  resolutions  of 
the  18th  of  March  last,  shall  be  received  at  the  trea- 
sury of  the  United  States  as  equal  to  and  in  lieu  of  the 
like  sum  of  specie,  whether  the'  same  shall  have  been 
issued  by  the  states  paying  them,  or  by  any  other 
state ;  and  that  interest  be  computed  thereon  in  favour 
of  the  states  from  whom  such  bills  shall  be  received, 
to  the  time  assigned  for  discharging  the  several  requi- 
sitions respectively. 


172  SECRET  JOURNAL.  [March  14, 

MARCH  14,  1781. 

IN    COMMITTEE    OF    THE    WHOLE. 

Resolved,  That  the  certificates  issued  by  the  com- 
missary and  quartermaster  general,  under  the  authori- 
ty of  Congress,  in  pursuance  of  the  resolution  of  23d 
August  last,  to  be  paid  in  specie  or  other  money  equi- 
valent, shall  be  received  from  the  states  within  which 
the  same  shall  have  been  issued,  towards  the  discharge 
of  their  quotas  respectively  ;  and  that  interest  be  com- 
puted thereon  in  favour  of  such  states  to  the  time  as- 
signed for  discharging  such  quotas. 

That  the  respective  states  make  exact  returns  to  the 
board  of  war  by  the  first  day  of  June  next,  of  all  arti- 
cles by  them  supplied,  agreeably  to  the  resolution  of 
the  25th  day  of  February,  1780. 

That  the  United  States  in  Congress  assembled  will 
then  call  upon  the  deficient  states  for  the  full  amount 
of  their  deficiencies  in  value,  to  be  paid  into  the  trea- 
sury of  the  United  States  by  the  first  day  of  Septem- 
ber, 1781  ;  and  the  product  thereof  shall  be  appro- 
priated to  make  good  the  deficiency  that  may  arise  by 
receiving  the  certificates  of  the  commissary  and  quar- 
termaster general,  in  payment  of  taxes  for  the  current 
year;  but  if  there  shall  happen  to  be  an  overplus,  it 
shall  be  credited  in  a  just  proportion  to  the  states  in 
advance  toward  their  payment  of  the  last  quarterly  tax 
for  the  current  year. 


1781.]  DOMESTICK  AFFAIRS.  173 

APRIL  7,  1781. 

IN    COMMITTEE    OF    THE    WHOLE. 

Mr.  Matthews  in  the  chair. 

Resolved  That  there  ought  to  be  one  general  cur- 
rency in  bills  of  credit  in  these  United  States,  in  aid 
of  the  circulating  medium  in  specie,  to  enable  the 
United  States  in  Congress  assembled  effectually  to 
prosecute  the  present  war. 

SUNDAY,  APRIL  8,  1781. 

The  United  States  in  Congress  assembled  having 
received  intelligence  that  an  embarkation  of  a  body  of 
of  troops  is  in  forwardness  at  New  York,  the  object 
of  which  is  the  taking  possession  of  the  neck  of  land 
lying  between  the  head  of  the  Chesapeake  Bay  and 
the  river  Delaware,  whereby  all  the  stores  and  provi- 
sions on  the  peninsula  may  fall  into  the  hands  of  the 
enemy,  unless  immediately  removed — 

Ordered,  That  the  board  of  war  take  immediate 
measures  for  the  removal  of  the  publick  stores  within 
the  said  peninsula  ;  and  that  it  be  and  is  hereby  recom- 
mended to  the  executives  of  the  states  of  Delaware, 
Maryland,  and  Virginia,  to  take  the  like  measures  with 
respect  to  all  the  provisions  and  forage  belonging  to 
the  said  states  respectively,  or  to  the  citizens  thereof, 
which  will  not  be  necessary  for  the  consumption  of  the 
inhabitants. 


174  SECRET  JOURNAL.  [April  18, 


APRIL  18,  1781. 

The  committee,  consisting  of  Mr.  Duane,  Mr.  Sharpe, 
and  Mr.  Wolcolt,  appointed  to  estimate  and  state  the 
amount  of  the  debts  due  from  the  United  States,  with 
the  necessary  estimates  for  the  current  year,  as  near  as 
can  be  done,  in  order  that  the  same  may  be  laid  be- 
fore the  respective  legislatures,  report, 

That  they  have  attended  to  this  business;  but  from 
the  unsettled  condition  of  the  publick  accounts  they 
can  only  give  a  general  view  of  the  publick  debts. 

[See  next  page.] 


1781.] 


DOMESTICK  AFFAIRS. 


175 


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186  SECRET  JOURNAL.  [Ap"1 18» 

The  distresses  of  the  army  for  want  of  provisions,and 
their  uneasiness  and  dissatisfaction  for  want  of  pay, 
have  been  so  great  and  so  notorious,  and  the  clamours 
of  publick  creditors  so  loud,  that  it  is  become  neces- 
sary to  state  the  measures  which  Congress  have  pur- 
sued, and  the  steps  they  have  taken  from  time  to  time 
to  support  the  war,  to  provide  for  publick  exigencies, 
and  to  guard  against  the  clangers  and  embarrassments 
with  which  we  are  now  threatened  for  want  of  timely 
supplies  of  money. 

It  cannot  be  forgotten  that  these  United  States  were 
plunged  into  a  war,  and  that  an  army  was  drawn  to- 
gether before  any  money  was   provided,  or  funds  es- 
tablished for  defraying   the   expense  thereof.     Arms, 
ammunition    and    implements   of  war  were   all  to  be 
procured,  as  well  as  provisions,  subsistence,  and  pay 
for  the  troops,  suddenly  called  forth  to  oppose  an  ene- 
my already  in  the  heart  of  our  country,  and  in  posses- 
sion of  one  of  our  capital   towns.     In  this  situation  of 
affairs  Congress    met  in  May,    1775.     They  had  no 
resource  from  whence  to  derive  present  supplies  but 
that  of  emitting  bills  of  credit,  redeemable  at  a  future 
d*y.     This  was  an  expedient  which  was  well  known, 
and  had  often  been  practised  to  good  effect  in  the  several 
colonies.    Accordingly,  on  the  22d  of  June,  177£,  they 
agreed   to  emit  bills  of  credit  to  the  amount  of  two 
millions  ;  and  on  the  25th  of  July  following   increased 
the  sum  to  three  millions  of  dollars; — for  the  redemption 
of  which  they  pledged  the  confederated  colonies;  and 
directed  each  colony  to  provide    ways   and  means  to 
sink  its  proportion  or  quota,  which  was    then  ascer- 
tained, in  such  manner  as  would  be  most  effectual  and 


1781.]  DOMESTICK  AFFAIRS.  181 

best  adapted  to  the  condition,  circumstances  and  equal 
mode  of  levying  taxes  in  such  colony,  in  four  annual 
payments ;  the  first  to  be  made  on  or  before  the  last  of 
November,  1779,  before  which  time  it  was  hoped  the 
contest  might  be  brought  to  a  conclusion.  On  the 
29th  of  November  following,  an  estimate  having  been 
formed  of  the  publick  expenses  already  arisen,  and 
which  might  accrue  in  the  defence  of  America,  to  the 
10th  of  June,  1776,  Congress  resolved  to  emit  a  further 
sum  of  three  millions  of  dollars,  to  be  redeemed  as  the 
former,  by  four  annual  payments,  the  first  to  be  made 
on  or  before  the  last  day  of  November,  17  83.  It  was 
at  the  same  time  resolved,  that  the  proportion  or  quota 
of  each  respective  state  should  be  determined  accord- 
ing to  the  number  of  inhabitants  of  all  ages,  includ- 
ing negroes  and  mulattoes  in  each  colony  ;  and  for  this 
purpose  it  was  recommended  to  the  several  assemblies, 
&c.  to  ascertain  by  the  most  impartial  means  in  their 
power  the  number  of  inhabitants  in  each  respective 
colony,  and  make  returns  thereof  to  Congress  as  soon 
as  possible. 

At  this  time  a  hope  was  still  entertained  that  an  ac- 
commodation would  take  place,  and  that  hostilities 
would  soon  cease.  But  having  received  advice,  in  the 
winter  following,  that  Great  Britain  had  contracted  for 
a  large  body  of  Hessians,  and  other  German  mercena- 
ries, which  were  to  be  sent  over  to  subdue  America, 
Congress  found  it  necessary  to  make  suitable  prepara- 
tions, which  consequently  increased  the  expense;  and 
therefore,  on  the  17th  of  February,  they  ordered  four 
millions  of  dollars  to  be  emitted  on  the  same  security 


182  SECRET  JOURNAL.  [April  18, 

as  the  former  sums ;  and  on  the  9th  of  May  following, 
emitted  five  millions  more  on  the  like  security. 

The  powerful  fleet  and  army  sent  against  America 
in  the  summer  of  177G,  and  the  professed  design  of 
Great  Britain  to  subdue  by  force,  or  to  bring  the  colo- 
nies to  unconditional  submission,  obliged  Congress  to 
declare  Independence,  and  to  call  in  the  aid  of  militia, 
and  consequently  increased  the  expense  ;  and  there- 
fore, on  the  22d  July,  they  emitted  five  millions  more. 

But  as  it  was  foreseen  that  such  repeated  issues  of 
bills  of  credit  would  increase  the  quantity  to  too  great 
a  degree,  and  consequently  occasion  their  deprecia- 
tion, it  was  resolved  on  the  third  ol  October  following 
to  borrow  five  millions  of  dollars ;  and  in  November,  a 
lottery  was  set  on  foot  for  raising  a  further  sum  on  loan. 

As  the  governments  of  the  several  states  were  not 
yet  sufficiently  organized  and  in  vigour,  and  as  the  ex- 
penses of  arraying  and  equipping  the  militia  were 
great,  and  the  resources  from  commerce  cut  olf,  it  was 
not  thought  proper  to  proceed  to  taxation.  And  as 
neither  loans  nor  the  lottery  were  sufficiently  produc- 
tive, necessity  compelled  to  further  emissions  of  bills 
of  credit.  By  this  means  the  paper  currency  being 
multiplied,  began  to  depreciate.  It  was  therefore  re- 
solved on  the  10th  of  September,  1777,  to  prepare  an 
earnest  recommendation  to  the  states  to  proceed  to 
taxation.  The  invasion  of  Pennsylvania,  and  the  re- 
moval of  Congress  from  Philadelphia,  prevented  this 
from  being  done  as  soon  as  might  have  been  wished  ; 
but  on  the  22d  of  November,  1777,  it  was  recommend- 
ed to  the  states  to  raise  by  taxes,  for  the  service  of 
the  year  1778,  the  sum  of  five  millions  of  dollars,  and 


1781.]  DOMESTICK  AFFAIRS.  183 

to  pay  the  same  into  the  puhlick  treasury  in  four  quar- 
terly payments.  Previous  to  this  it  had  been  resolved 
to  borrow  larger  sums  ;  and  to  encourage  the  money 
holders  to  lend,  it  was  agreed  to  pay  the  interest  by 
bills  of  exchange  drawn  on  our  commissioners  in 
France. 

Unfortunately  the  tax  failed,  and  the  sums  obtained 
from  loans  were  greatly  inadequate  to  the  expendi- 
ture :  consequently  more  money  was  emitted  ;  and  not- 
withstanding the  favourable  turn  in  our  affairs  in  1778, 
depreciation  increased  with  amazing  rapidity. 

At  the  close  of  the  year,  1778,  the  sums  emitted  and 
borrowed  amounted  to  about  one  hundred  and  eight 
millions.  Congress,  anxious  to  put  a  stop  to  any  far- 
ther emissions,  and  to  provide  a  fund  for  redeeming 
what  was  issued,  called  upon  the  states  on  the  first  of 
January,  1779,  to  pay  into  the  continental  treasury 
their  respective  quotas  of  fifteen  millions  of  dollars  for 
the  service  of  that  year,  and  of  six  millions  annually, 
from  and  after  the  year  1779,  as  a  fund  for  sinking  the 
emissions  and  loans  to  the  31st  of  December,  1778  $ 
and  on  the  21st  of  May  following,  in  addition  to  the 
above,  on  account  of  the  great  depreciation  of  the  pa- 
per, the  states  were  called  on  to  furnish  for  the  ser- 
vice of  the  year  1779,  their  respective  quotas  of  forty- 
five  millions — the  whole  to  be  paid  into  the  continental 
treasury  before  the  first  of  January,  1780.  A  com- 
pliance with  these  requisitions  would  not  only  have 
answered  the  necessary  exigencies  of  the  year,  but 
would  have  arrested  depreciation  in  its  progress.  But 
as  these  were  not  complied  with  in  due  time,  and  as 
the  demands  of  the  publick  were  pressing  and  constant. 


1«4  SECRET  JOURNAL.  (April  1C? 

the  prospect  of  future  taxes  served  only  as  a  stimulus 
to  urge  those  who  had  in  their  possession  the  supplies 
and  necessaries  wanted,  to  enhance  the  price,  in  order 
to  pay  their  taxes  with  greater  ease  :  while  at  the  same 
time  the  publick  treasury,  receiving  no  recruit  from 
taxes,  was  from  time  to  time  replenished  with  new 
emissions ;  and  from  these  causes  combined,  deprecia- 
tion, instead  of  receiving  a  check,  proceeded  with 
redoubled  vigour. 

As  the  failure  of  the  slates  was  attributed  to  their 
not  having  received  the  requisitions  in  due  lime,  Con- 
gress resolved  in  future  to  remedy  that  defect ;  and 
therefore,  early  in  the  fall  of  1779,  took  into  conside- 
ration the  means  of  providing  for  the  ensuing  year; 
and  on  the  6th  of  October,  accommodating  themselves 
to  the  depreciation  as  it  then  stood,  and  still  flattering 
themselves  that  the  taxes  already  called  for,  if  duly 
collected,  would  stop  it  where  it  was,  and  answer  de- 
mands on  the  publick  till  February  following,  they 
called  upon  the  states  to  pay  into  the  publick  treasury 
on  the  first  day  of  February,  1780,  and  on  the  first 
day  of  each  succeeding  month,  to  the  first  of  October 
inclusive,  their  respective  quotas  of  fifteen  millions. 

It  should  be  observed  that  on  the  1st  of  September, 
1779,  the  sum  emitted  and  in  circulation  amounted  to 
one  hundred  and  fifty-nine  millions  nine  hundred  and 
forty-eight  thousand  eight  hundred  and  eighty  dollars; 
and  as  there  was  a  general  outcry  on  account  of  the 
depreciation  and  the  floods  of  money  emitted,  Con- 
gress resolved  that  they  would  on  no  account  whatever 
emit  more  bills  of  credit  than  to  make  the  whole 
amount  of  such  bills  two  hundred   millions.     And  as 


1781.]  DOMESTICK  AFFAIRS.  186 

forty  millions  fifty-one  thousand  one  hundred  and  twen- 
ty dollars  remained  to  complete  the  two  hundred  mil- 
lions, they  on  the  3d  of  the  same  month  resolved  that 
they  would  emit  such  part  only  of  the  said  forty  mil- 
lions fifty-one  thousand  one  hundred  and  twenty  dol- 
lars as  should  be  absolutely  necessary  for  the  publick 
exigencies,  before  adequate  supplies  could  be  other- 
wise obtained,  relying  for  such  supplies  on  the  exer- 
tions of  the  several  states. 

This  was  represented  to  the  states  in  an  address 
dated  the  13th  September;  and  they  were  earnestly 
entreated  not  to  leave  Congress  without  supplies,  nor 
to  let  in  that  flood  of  evils  which  would  follow  from 
such  a  neglect.  Notwithstanding  this  earnest  address 
and  representation,  Congress  were  compelled  by  ne- 
cessity to  issue  the  remainder  of  the  two  hundred  mil- 
lions ;  and  the  army  was  in  such  extremity  for  want  of 
provisions,  that  the  commander  in  chief  was  reduced 
to  the  sad  alternative,  either  to  suffer  it  to  disband,  or 
to  collect  supplies  by  military  force.  He  preferred 
the  latter,  and  the  inhabitants  of  New  York  and  New 
Jersey,  though  they  felt  the  injury,  saw  the  necessity, 
and  patiently  submitted. 

To  prevent  the  like  evils  in  future,  Congress,  on  the 
25th  of  February,  1780,  called  on  the  states  forthwith 
to  procure  their  respective  quotas  of  supplies  in  enu- 
merated articles  for  the  ensuing  campaign.  And  as 
by  the  continual  depreciation  of  the  continental  cur- 
rency, the  community  was  suffering  great  injustice,  the 
publick  finances  were  deranged,  and  the  necessary 
dispositions  for  the  defence  of  the  commonwealth 
much  impeded  and  perplexed,  they  on  the  18th  of 
vol.  i.  24 


Iflfl  SECRET  JOURNAL.  [AprU  18^ 

March,  1780,  recommended  that  the  fifteen  million 
monthly  tax  should  be  continued  from  October  to  April, 
1781,  inclusive;  and  that  thirteen  of  those  monthly 
quotas,  namely,  from  March,  1780,  to  April,  1781, 
both  inclusive,  should  be  applied  solely  to  redeem  or 
sink  the  old  money,  which  was  to  be  cancelled  and 
burned  as  fast  as  brought  in  ;  and  in  lieu  thereof,  new 
money  was  to  be  emitted  in  the  proportion  of  one  of 
the  new  for  twenty  of  the  old  ;  so  that  when  the  whole 
two  hundred  millions  were  drawn  in  and  cancelled, 
ten  millions  new  money  would  be  thrown  into  circula- 
tion ;  of  which  four-tenths  were  to  have  been  subject 
to  the  order  of  Congress,  and  the  other  six-tenths  to  be- 
long to  the  several  slates.  The  effects  of  this  resolu- 
tion, if  it  had  been  punctually  executed  according  to 
the  intention  of  Congress,  would  have  been — 1st.  The 
cancelling  the  old  money  ;  2d,  reducing  the  currency 
to  a  more  fixed  standard  ;  3d,  supplying  the  stales 
with  money  to  purchase  the  supplies  required  from 
them  by  the  act  of  the  25th  February  ;  and  4th,  ena- 
bling Congress  to  pay  the  army,  discharge  the  princi- 
pal debts  already  contracted,  and  to  provide  for  the 
exigencies  of  the  ensuing  campaign.  But  as  this  was 
not  done,  Congress  was  again  driven  into  temporary 
expedients. 

The  enemy  knew  our  situation,  and  were  exerting 
their  utmost  efforts  to  take  advantage  of  it.  The  sou- 
thern states  were  invaded.  A  descent  was  threatened 
on  New  Jersey.  The  posts  on  Hudson's  river  were 
in  danger. 

In  order  to  put  the  army  in  motion,  Congress  were 
obliged  to  raise  money  by  drawing  bills  on  their  minis- 


1781.]  DOMESTICK  AFFAIRS.  187 

ters  abroad  ;  although  they  had  not  sufficient  assuran- 
ces that  those  hills  would  be  honoured.  On  the  19th 
May,  Congress  called  upon  the  states,  from  New  Hamp- 
shire to  Virginia,  both  inclusive,  to  collect  and  pay  into 
the  publick  treasury,  in  thirty  days,  ten  millions  conti- 
nental currency,  part  of  the  sum  required  to  be  paid 
last  year.  The  states,  in  order  to  comply  with  this, 
pressed  the  collection  of  taxes,  which  occasioned  such 
a  clamour  from  those  who  had  furnished  supplies  on 
credit,  that  on  the  27th  of  the  same  month  Congress 
recommended  to  the  legislatures  of  the  several  states 
to  empower  the  collectors  of  continental  taxes  due 
before  the  1st  March,  1780,  to  receive  in  payment 
thereof  the  notes  or  certificates  which  had  been  given 
by  the  quartermaster  and  commissary  of  purchases 
for  such  supplies. 

Until  the  opening  of  this  campaign,  the  army  had 
borne  their  sufferings  with  unparalleled  patience  and 
perseverance.  What  pay  they  had  hitherto  received 
had  been  chiefly  depreciated  money.  Congress  had 
not  been  unmindful  of  their  sufferings  and  faithful  ser- 
vices. As  early  as  September,  1776,  they  had  resolv- 
ed to  make  provisions  for  granting  lands  in  certain  pro- 
portions to  the  officers  and  soldiers  who  would  engage 
in  the  service,  and  continue  therein  to  the  close  of  the 
war,  or  until  discharged  by  Congress,  and  to  the  repre- 
sentatives of  such  officers  and  soldiers  as  might  be 
slain  by  the  enemy.  On  the  15th  of  May,  1778,  they 
resolved  unanimously  that  all  military  officers  com- 
missioned by  Congress,  who  then  were,  or  thereafter 
might  be,  in  the  service  of  the  United  States,  and  con- 
tinue therein  during  the  war,  should,  after  the  conclu- 


188  SECRET  JOURNAL.  [April  18, 

sion  thereof,  receive  annually  for  the  term  of  seven 
years,  if  they  lived  so  long,  one  half  of  the  pay  then 
established  for  such  officers,  with  a  proviso,  that  gene- 
ral officers  should  not  receive  more  than  the  half  pay 
of  a  colonel ;  and  it  was  also  resolved,  that  non-com- 
missioned officers  and  soldiers  enlisted  for  the  war 
should,  at  the  expiration  thereof,  receive  a  reward  of 
eighty  dollars. 

On  the  17th  August,  1779,  having  prefaced  their  re- 
solution with  a  preamble  setting  forth  that  the  army  of 
the  United  States  of  America,  by  their  patriotism, 
valour  and  perseverance  in  the  defence  of  the  rights 
and  liberties  of  their  country,  were  entitled  to  the  gra- 
titude as  well  as  approbation  of  their  fellow  citizens, 
they  recommended  it  to  the  several  states  to  make 
such  further  provision  for  the  officers  and  soldiers  en- 
listed for  the  war,  to  them  respectively  belonging,  and 
who  should  continue  in  service  till  the  establish- 
ment of  peace,  as  should  be  an  adequate  compensation 
for  the  many  dangers,  losses,  and  hardships  they  may 
have  suffered  in  the  course  of  the  contest ;  either  by 
granting  to  their  officers  half  pay  for  life,  and  proper 
rewards  to  their  soldiers,  or  in  such  other  manner  as 
might  appear  most  expedient  to  the  legislatures  of  the 
several  states.  And  it  was  further  recommended  to 
the  several  states  to  make  such  provision  for  the 
widows  of  such  of  their  officers  and  such  of  their  sol- 
diers enlisted  for  the  war,  as  had  died  or  might  die  in 
the  service,  as  would  secure  to  them  the  sweets  of  that 
liberty  for  the  attainment  of  which  their  husbands  had 
nobly  laid  down  their  lives. 


1781.]  DOMESTICK  AFFAIRS.  189 

On  the  10th  of  April,  1780,  they  resolved,  that  as 
soon  as  the  state  of  the  publick  finances  would  admit, 
they  would  make  good  to  the  line  of  the  army,  and 
the  independent  corps  thereof,  the  deficiency  of  their 
original  pay  occasioned  by  the  depreciation  of  the 
currency  ;  but  none  were  to  derive  benefit  from  this 
resolution  except  such  as  had  engaged  to  serve  during 
the  war,  or  for  three  years,  and  were  then  in  service, 
or  should  thereafter  engage  to  serve  during  the  war. 

And  now  on  the  13th  August,  1780,  they  resolved 
that  from  and  after  the  first  of  the  said  month,  the 
army  shall  receive  their  pay  in  the  new  bills  emitted 
pursuant  to  the  resolution  of  the  18th  March,  1780, 
and  again  recommended  to  such  of  the  states  as  have 
not  made  compensation  to  their  officers  and  soldiers, 
agreeably  to  the  resolution  of  the  17th  August,  1779, 
to  do  it  as  soon  as  possible.  At  the  same  time  the 
provision  for  granting  lands  was  extended  to  the  gene- 
ral officers.  And  on  the  24th  of  the  same  month  the 
resolution  of  the  15th  of  May,  1778,  granting  half  pay 
for  seven  years  to  the  officers  of  the  army  who  should 
continue  in  service  to  the  end  of  the  war,  was  extend- 
ed to  the  generals,  and  such  officers  as  had  died  or 
should  thereafter  die  in  the  service,  to  commence  from 
the  time  of  such  officers'  death  ;  or,  if  there  should  be 
no  widow,  or  in  case  of  her  intermarriage,  that  it 
should  go  to  the  orphan  children  of  such  officer. 

And  it  was  recommended  to  the  legislatures  of  the 
states  to  which  such  officers  belonged  to  make  provi- 
sion for  paying  the  same  on  account  of  the  United 
States. 


190  SECRET  JOURxNAL.  [April  18, 

Still  the  publick  treasury  remained  unsupplied ;  and 
the  army  continued  without  pay,  and  oftentimes  in 
great  distress  for  want  of  provisions.  Debts  were  ac- 
cumulating, and  the  creditors  more  and  more  clamo- 
rous. 

Under  these  circumstances  Congress,  on  the  26th 
of  August,  1780,  earnestly  recommended  to  the  seve- 
ral states  to  take  the  most  speedy  and  effectual  mea- 
sures in  their  power  for  drawing  in  their  respective 
quotas  of  the  continental  bills  of  credit,  by  taxes  or 
otherwise,  in  order  that  the  new  money  might  be  issued. 
And  at  the  same  time  it  was  recommended  to  the  states 
to  raise  by  taxes,  payable  in  the  said  new  bills,  their 
respective  quotas  of  three  millions  of  dollars  ;  and  to  pay 
the  same  into  the  publick  tfeasury  as  soon  as  possible, 
the  payment  to  be  fully  completed  by  the  last  day  of 
December  following.  From  this  it  was  hoped  that 
Congress  would  draw  a  supply  of  money  to  enable 
them  to  pay  the  army,  and  carry  on  the  war  with  vigour  ; 
to  discharge  the  unfunded  debts  ;  and  to  pay  the  inte- 
rest due  on  loan  office  certificates.  Their  expecta- 
tions were  again  disappointed.  The  consequences 
that  ensued  from  the  failure,  though  alarming  and  pain- 
ful to  recollect,  were  far  short  of  what  might  have  been 
apprehended.  Yet  the  requisition  of  the  15th  Janua- 
ry, 1781,  after  the  mutiny  in  the  Pennsylvania  and 
Jersey  lines,  for  eight  hundred  and  seventy-nine  thou- 
sand three  hundred  and  forty-two  dollars  for  the  imme- 
diate pay  of  the  arrears  due  to  the  army,  has  not  yet 
been  complied  with. 

This  recapitulation  is  made,  not  with  a  view  to  cri- 
minate, but  to  shew  that  Congress  have  done  every 


1781.]  DOMESTICK  AFFAIRS.  191 

thing  in  their  power  to  carry  on  the  war,  and  to  pre- 
vent the  embarrassments  under  which  our  affairs  now 
labour. 

It  now  remains  to  estimate  the  supplies  necessary  for 
the  current  year;  and  to  point  out  the  measures  alrea- 
dy taken  for  obtaining  those  supplies. 

Congress  by  their  resolutions  of  the  3d  and  21st  of 
October  last,  have  resolved  that  the  army  for  the  en- 
suing campaign  shall  consist  of  six  legionary  corps, 
four  regiments  of  artillery,  fifty  regiments  of  infantry, 
and  one  regiment  of  artificers,  amounting  to  thirty-five 
thousand  seven  hundred  and  forty-eight  rank  and  file. 

The  pay  and  subsistence  according  to  the  present 
establishment  for  one  year  amounts  to      $5,104,385 

Provisions  for  ditto, 4,357,012 

Quartermaster's  department   estimat- 
ed,              4,000,000 

Hospital  department, 200,000 

Ordnance  department, 266,666f 

Navy  department, 400,000 

Debts  due  to  the  civil  officers   under 

Congress, 98,927|§ 

Civil    list  and  contingencies  for  the 

current  year, 1,885,000 

Arrears  due  to  the  army  up  to  the  31st 

December,  1780, 1,000,000 

Two  years    interest   on    certificates 

payable  at  the  several  loan  offices,  595,466f  £ 

Certificates  'given  by  quartermasters 

and  commissaries,  &c.  estimated,  1,500,000 


Total  $19,407,457^ 


192  SECRET  JOURNAL.  [April  18, 

No  charge  is  made  for  clothing,  new  arms,  or  am- 
munition, as  it  is  hoped  the  measures  taken  for  pro- 
curing them  will  be  effectual. 

The  measures  taken  for  obtaining  these  supplies. 
By  the  act  of  the  4th  of  November 
last,  the  states  have  been  called 
upon  to  furnish  the  provisions  ne- 
cessary, amounting  to  -  -  -  -  $4,357,012 
By  the  same  act  they  are  called  upon 
to  raise  and  pay  into  the  continen- 
tal treasury,  in  four  quarterly  pay- 
ments, the  first  payment  to  be  made 

the  1st  June  next, 1,642,988 

The  requisition  of  the  26th  August, 
1780,  which  has  not  yet  been  re- 
ceived, is  relied  on  as  indispensa- 
ble,             3,000,000 

The  old  money  must  be  called  in  and 
cancelled.  For  until  that  is  done 
no  regularity  can  be  introduced  into 
the  finances,  nor  any  dependence 
placed  on  any  requisitions  made. 
For  as  the  old  currency  is  daily  de- 
preciating, and  as  the  same,  by 
laws  of  many  of  the  states,  is  made 
a  standard  by  which  to  value  the 
new  money,  unless  it  be  speedily 
destroyed,  it  cannot  fail  to  sink  the 
new.  It  is  therefore  indispensa- 
bly necessary,  that  it  be  called  in 
without  delay.  This  will  give  the 
United  States  in  Congress  assem- 


1781.]  DOMESTICK  AFFAIRS.  193 

bled  a  command  of  new  money  to 

the  amount  of 3,200,000 

The  duties  on  imports  and  prizes, 
which,  from  the  propriety  as  well 
as  necessity  of  the  measure,  it  is 
not  to  be  doubted  but  the  several 
states  will  readily  grant  on  the 
terms  proposed  by  Congress,  will, 
it  is  presumed,  produce  in  the 
course  of  the  current  year  -     -     -  500,000 

And  as  it  is  to  be  presumed  that  the 
states  have  taken  measures  to  com- 
ply with  the  requisitions  of  Janua- 
ry, May,  and  October,  1779,  it  is 
hoped  they  will  now  see  the  necessi- 
ty of  carrying  those  measures  into  ef- 
fectual execution,  or  at  least  take 
the  necessary  steps  for  calling  in 
the  quartermasters'  and  commis- 
saries' certificates  to  the  amount 
of  their  respective  deficiencies, 
which  by  a  return  from  the  board 
of  treasury  are 468.201 

On  the  16th  March  last  the  states 
were  called  on  for  their  respective 
quotas  of  one  and  half  million  of  dol- 
lars quarterly,  the  first  payment 
to  be  made  1st  June  next.  Three 
quarterly  payments  amount  to  -  4.500.000 
vol.  r.  25 


194  SECRET  JOURNAL.  [April  18, 

Suppose  the  foregoing  funds  produc- 
tive, still  there  will  be  a  deficiency 
to  be  provided  for  amounting  to     -         l,739,256|f 


Total  $19,407,457^ 


It  will  moreover  be  necessary  to  provide  funds  for 
paying  the  interest  of  the  debts  contracted  in  Europe. 
With  a  view  to  this,  Congress,  in  their  requisition  of 
February,  1780,  among  other  specific  supplies,  called 
upon  the  states  of  Virginia  and  Maryland  to  furnish 
a  quantity  of  tobacco,  which  it  was  expected  might 
have  been  shipped  to  France,  and  been  the  beginning 
of  a  fund  for  defraying  the  expenses  of  our  ministers 
at  foreign  courts,  and  paying  the  interest  of  moneys 
borrowed  in  Europe.  But  the  want  of  ships  last  fall, 
and  the  naval  superiority  of  the  enemy  in  Chesapeak 
Bay  this  spring,  have  prevented  the  publick  from  de- 
riving any  advantage  from  that  requisition. 

It  has  been  before  observed,  that  the  debts  con- 
tracted abroad  amount,  by  computation,  to  the  sum  of 
six  millions  of  dollars,  the  annual  interest  of  which  is 
three  hundred  and  sixty  thousand  dollars.  The  an- 
nual interest  of  the  money  borrowed  on  certificates 
previous  to  the  1st  of  March,  1778,  and  which  is  to  be 
paid  by  bills  drawn  on  our  minister  at  the  court  of 
France,  amounts  to  438,798|i. 

The  credit  and  honour  of  the  United  States  require 
that  a  fund  should  be  provided  not  only  for  defraying 
this  interest,  but  also  for  discharging  the  principal,  or 
at  least  those  certificates  for  the  interest  of  which  bills 
are  to  be  drawn  annually  on  our  minister,  who  has  no 


1781.]  DOMESTICK  AFFAIRS.  10* 

fund  to  apply  to  that  purpose,  and  who  therefore  has 
to  depend  on  the  success  of  his  solicitations,  as  it  be- 
comes due. 

And  what  equally  concerns  the  honour  of  the  United 
States,  a  fund  should  be  provided  for  defraying  the 
expenses  of  our  ministers  abroad.  This  shows  the 
absolute  necessity  of  the  states  immediately  granting 
the  duties  on  imports  and  prizes  as  requested  by  Con- 
gress. 

Before  we  conclude  it  may  not  be  amiss  to  observe, 
that  from  the  constant  depreciation  of  the  currency, 
and  the  unpunctuality  of  the  states  in  complying  with 
the  requisitions  of  Congress,  the  sums  called  for  when 
paid  in  have  heretofore  always  been  greatly  inade- 
quate to  the  purposes  designed. 

The  foregoing  report  being  twice  read  and  debated 
by  paragraphs,  was  agreed  to. 

Ordered,  That  copies  thereof  be  sent  to  the  seve- 
ral states. 

APRIL  19,  1781. 

The  report  of  a  committee,  consisting  of  Mr.  S. 
Adams,  Mr.  Duane,  and  Mr.  Wolcott,  to  whom  was 
referred  a  letter  of  March  10th,  in  the  name  and  be- 
half of  the  general  court  of  Massachusetts,  was  taken 
into  consideration,  and  the  same  being  read  twice,  was 
agreed  to,  as  follows  : 

The  letter  under  consideration  represents  "  That 
"  there  is  reason  to  suppose  that  the  state  of  Massa- 
chusetts is  called  on  for  contributions  in  an  undue 
"  proportion  to  her  abilities.     That  the  duty  on  imports 


196  SECRET  JOURNAL.  [April  19* 

"  and  prizes  required  by  Congress  will  be  an  unequal 
"  burden  on  some  of  the  states.  That  it  is  impossi- 
"  ble,  if  the  proposition  should  be  acceded  to  at  all,  that 
"  it  will  be  on  any  other  plan,  than  that  the  produce 
"shall  be  passed  to  the  credit  of  the  state.  And  that 
"  its  mercantile  interest  object  against  it  as  partial,  al- 
"  leging  that  it  is  notorious  that  the  commodities 
"  which  they  import  are  vended  below  their  cost." 

Your  committee  have  deliberately  considered  these 
several  objections  ;  and  are  persuaded  of  their  insuffi- 
ciency to  justify  any  alteration  in  the  act  to  which  the 
objections  are  made,  either  as  to  the  duty  itself,  or  the 
manner  of  its  application.  Nothing  is  more  to  be 
wished,  than  that  Congress  was  enabled  to  assign  to 
the  respective  states  their  quotas  of  aids  on  fixed  and 
equitable  principles.  The  necessity  of  it,  as  early  as 
the  year  1775,  was  fully  understood.  The  states  were 
then  called  upon  to  sink  by  taxes  their  respective  pro- 
portions of  the  bills  of  credit  ordered  to  be  emitted.  It 
was  directed  that  the  quota  of  each  should  be  deter- 
mined according  to  the  number  of  its  inhabitants  of  all 
ages  ;  and  the  governments  then  in  being  were  pressed 
to  ascertain  by  the  most  impartial  means  in  their  pow- 
er, and  to  return  as  soon  as  possible,  the  number  of 
inhabitants.  This  recommendation  was  in  vain  at- 
tempted to  be  enforced.  With  very  few  exceptions, 
it  has  been  neglected  to  this  day.  The  confederation 
prescribed  another  rule  for  fixing  the  quotas  of  aids 
for  the  common  defence,  or  general  welfare,  namely, 
that  they  shall  be  supplied  by  the  several  states  in 
proportion  to  the  value  of  all  appropriated  lands,  and 
the    houses,  and  buildings    in  the  respective  states. 


1781.]  DOMESTICK  AFFAIRS.  107 

But  the  attainment  of  such  an  estimate,  flagrante  bcllo, 
is  difficult  ;  perhaps  in  some  states,  which  are  the  seat 
of  war,  impracticable  ;  in  e\ery  view  it  must  be  re- 
mote. Thus  Congress,  without  an  accurate  know- 
ledge of  the  comparative  wealth  and  abilities  of  the 
respective  states,  were,  from  the  necessity  of  the 
case,  obliged  not  only  to  call  for  aids,  but  to  appor- 
tion those  aids  on  such  information  as  thoy  possessed. 
Apprized  that  the  quotas  might  be  unequal,  they  pro- 
vided the  best  remedy  in  their  power,  and  which  will 
ultimately  do  justice  to  all  the  states,  each  being  en- 
titled, on  a  final  settlement,  to  full  credit  for  the  princi- 
pal and  interest  of  all  advances  beyond  their  due  pro- 
portion. 

The  ravages  of  the  enemy  in  some  of  the  states,  and 
their  possession  of  strong  posts  throughout  South  Ca- 
rolina and  Georgia,  have  unavoidably  occasioned  an 
increase  of  the  quotas  of  such  states  as  enjoy  greater 
internal  tranquillity  and  freedom  of  commerce.  Whe- 
ther Massachusetts  in  particular  hath  been  called 
upon  in  an  undue  proportion  to  her  abilities,  as  seems 
to  be  apprehended,  cannot  now  be  determined  ;  but 
their  honourable  court  do  justice  in  ascribing  it,  if  it  has 
happened,  to  errour.  That  no  partiality  could  have 
been  intended,  is  as  certain,  as  that  the  most  punc- 
tual compliance  with  the  respective  requisitions  is  es- 
sential to  the  publick  safety. 

Imported  commodities,  it  is  affirmed,  are  vended  in 
Massachusetts  below  their  original  cost;  and  that 
therefore  the  proposed  duty  will  operate  partially 
against  the  mercantile  interest.  Information  respect- 
ing imports  into   Philadelphia  leads  us   to  conclude 


198  SECRET  JOURNAL.  [April  19, 

that  the  disadvantage  pointed  out  in  this  objection 
arises  from  accidental  circumstances,  and  not  from 
any  permanent  cause.  But  it  seems  sufficient  to  ob- 
serve, that  either  a  profit  will  arise  on  foreign  com- 
modities, or  the  importation  must  cease.  For  no 
commerce  can  be  long  pursued,  which,  instead  of  en- 
riching, impairs  the  substance  of  the  merchant.  Be- 
sides, the  aid  required  ought  not  to  be  measured  by 
the  present  hour.  It  will  be  contributed  many  years 
after  peace  shall  be  established,  and  when  we  may 
expect  that  our  commerce  will  be  secure  and  pros- 
perous. 

The  honourable  court  seem  to  apprehend,  that  the 
duty  will  operate  on  the  states  themselves  unequally. 
It  may  be  necessary,  in  order  to  remove  this  objec- 
tion, to  recur  to  the  motives  which  gave  it  a  preference 
in  the  opinion  of  Congress. 

The  publick  debts  actually  incurred  on  loan  office 
certificates,  and  other  loans,  had  created  an  annual 
interest  of  more  than  a  million  of  dollars.  Those  en- 
gagements, although  contracted  on  the  faith  and  for  the 
defence  of  the  United  States,  Congress  had  no  means 
to  fulfil.  It  became  then  an  indispensable  act  of  jus- 
tice, that  funds  should  be  provided  by  the  states  ; 
that  those  funds  should  be  productive,  and  of  suffi- 
cient permanency  to  secure  the  publick  creditors;  and 
that  the  burden  which  they  might  impose  should  be 
uniformly  and  equally  sustained.  To  combine  so  many 
states  in  one  general  system  ;  to  reconcile  it  to  their 
opinions,  their  policy  and  their  internal  circumstances, 
will  always  be  difficult.  Without  liberal  sentiments 
with  respect  to  each  other;  without  confidence  in  the 


1781.]  DOMESTICK  AFFAIRS.  199 

general  council,  and  a  regard  for  the  safety  and  hap- 
piness of  the  whole  confederacy,  it  will  be  impractica- 
ble. What  tax  could  have  been  pointed  out,  to 
which  some  of  the  states  might  not  have  raised  objec- 
tions? Had  an  excise,  a  land  tax,  or  a  capitation, 
been  recommended,  would  either  of  them  have  been 
preferred  to  the  duty  under  consideration  ?  Could 
either  of  them  have  been  carried  so  easily  into  effect, 
or  have  operated  with  so  much  impartiality  ?  It  is  in- 
deed the  interest  of  a  nation  to  leave  trade  as  free 
and  unincumbered  as  circumstances  will  permit;  and 
yet  we  find  that  even  those  governments,  which  owe 
all  their  riches  and  grandeur  to  commerce,  do  not 
hesitate  to  draw  from  it  contributions  for  the  support 
of  war.  Considering  then  the  great  exertions  which 
are  necessary  at  this  interesting  conjuncture,  ought 
these  United  States  to  plead  an  exemption?  Surely  a 
moderate  duty  on  trade  cannot  give  dissatisfaction  to 
a  people,  who  have  nothing  less  at  stake  than  their 
honour,  good  faith,  liberty  and  independence.  As  a 
partial  regulation  of  individual  states  there  is  no  rea- 
son to  think  it  will  ever  take  place.  The  danger  of 
transferring  the  trade  from  such  as  impose,  to  those 
which  are  exempt  from  the  burden,  will  effectually 
prevent  it.  There  is  only  one  method  in  which  it  can 
be  introduced — by  the  authority  of  the  United  States 
co-operating  with  the  respective  legislatures. 

When  this  duty  was  debated,  it  was  taken  for  grant- 
ed, on  the  general  maxim,  that  it  would  ultimately  be 
borne  by  the  consumer.  In  this  view  no  tax  could 
have  been  devised,  under  our  present  circumstances, 
which  afforded  a  prospect  of  more  equality  and   im- 


ggjl  SECRET  JOURNAL.  [April  19, 

partiality,  or  of  less  objection,  or  discontent.  The 
states,  whose  commerce  is  the  most  flourishing,  will 
appear  in  the  first  instance  to  contribute  largely  to 
the  common  treasury.  But  remotely  the  consumer, 
wherever  he  resides,  must  bear  the  burden.  And  the 
merchant  who  advances  it,  will  take  care  to  receive 
full  interest.  Even  if  it  should  be  admitted,  that 
states  which  enjoy  the  greatest  commercial  advantage 
may  be  exposed  to  a  share  of  the  duty  beyond  their 
strict  proportion,  might  it  not  be  considered  as  a  just 
tribute  for  peculiar  blessings  denied  by  the  fortune  of 
common  war  to  their  less  happy  sister  states  ?  Bless- 
ings purchased  perhaps  by  their  sufferings  and  secured 
by  their  resistance  against  invaders,  who  might  other- 
wise have  had  leisure  to  close  all  the  avenues  to 
commerce. 

The  last  objection  implies,  that  if  the  proposition 
should  in  part  be  acceded  to,  it  would  be  insisted  on 
that  the  proceeds  of  the  duties  should  be  passed  to 
the  credit  of  the  states  from  which  it  might  arise. 
This  objection  was  also  fully  considered  when  the 
subject  was  debated.  A  review  of  the  situation  and 
commerce  of  the  several  states,  as  well  before  the 
war  as  at  this  day,  will  be  sufficient  to  remove  it. 
Several  states,  and  in  every  part  of  the  continent,  im- 
port for  their  neighbours.  Is  it  reasonable  that  the 
duties  on  goods,  which  the  latter  consume,  should  be 
applied  to  the  exclusive  benefit  of  the  state  which  has 
had  the  advantage  of  the  importation?  Would  a  mea- 
sure so  illiberal  meet  with  approbation  or  acqui- 
escence ?  Every  system,  which  is  to  operate  through- 
out the  United  States,  must  have  equity  for  its  basis; 


1781.]  DOMESTICK  AFFAIRS.  201 

and  if  the  consumer  pays  the  taxes,  and  every  state, 
whether  it  imports  or  not,  contributes  to  the  consump- 
tion, the  produce  of  the  duty  ought  to  be  credited  to 
the  United  States  ;  or  it  is  easy  to  see  that  the  propo- 
sition will  be  rejected. 

Your  committee  are  upon  the  whole  of  opinion,  that 
the  necessity  of  a  compliance  with  the  proposition  in 
question  should  be  strongly  urged  to  the  legislature  of 
Massachusetts,  as  a  measure  just  and  expedient  in  it- 
self, and  which  will  operate  with  impartiality  and 
facility,  and  better  than  any  other  afford  a  prospect  of 
some  satisfaction  to  the  publick  creditors,  whose  just 
complaints  ought  to  be  redressed  without  delay. 

APRIL  3,  1781. 

On  motion  of  Mr.  Bee,  seconded  by  Mr.  M'Kean — 
Resolved,  That  the  commander  in  chief  be,  and  he 
is  hereby  directed  to  recal  lieutenant  general  Bur- 
goyne  and  all  other  British  or  German  officers,  prison- 
ers of  war,  now  absent  on  their  paroles  from  America, 
to  return  immediately. 

APRIL  23,  1781. 

A  letter  of  the  16th  from  general  Washington  was 
read  :  Whereupon, 

Resolved,  That  the  board  of  war  be,  and  they  are 
hereby  directed  to  take  effectual  measures  for  the 
removal  of  all  publick  stores,  and  also  all  beef  cattle, 
and  provisions  and  forage,  collected,  or  stored,  from 
the  peninsula  between  the  Delaware  and  Chesapeake 
vol.  i.  2G 


202  SECRET  JOURNAL.  [May  8, 

Bays,  and  on  the  Jersey  shore  adjacent  to  the  Dela- 
ware, which  may  probably  fall  into  the  hands  of  the 
enemy  on  an  invasion.  That  the  said  cattle,  pro- 
visions, and  forage,  be  transported  to  places  of  secu- 
rity, and  valued  by  proper  persons,  and  certificates 
given  by  the  commissary  general  of  purchases  to 
the  owners  thereof,  specifying  quantity,  quality  and 
value. 

That  it  be,  and  hereby  is  recommended  to  the  exe- 
cutives of  New  Jersey,  Pennsylvania,  Delaware,  Ma- 
ryland, and  Virginia,  to  give  every  assistance  in  their 
power  to  the  officers  appointed  to  secure  the  cattle, 
provisions  and  forage  aforesaid. 

Whereas  it  is  represented  by  the  commander  in 
chief,  that  he  has  taken  measures  for  the  exchange  of 
lieutenant  general  Burgoyne — 

Resolved  therefore,  That  he  be  authorized,  if  he 
shall  think  fit,  to  proceed  in  perfecting  the  said  ex- 
change, the  resolution  of  the  third  instant  notwith- 
standing. 


MAY  8,  1781. 

On  motion  of  Mr.  Sullivan,  seconded  by  Mr. 
Sharpe — 

Ordered,  That  a  committee  of  five  be  appointed  to 
devise  further  ways  and  means  to  defray  the  expenses 
of  the  ensuing  campaign,  and  what  further  measures 
may  be  adopted  for  the  better  regulation  of  the  pub- 
lick  finances. 

The  members  chosen — Mr.  Witherspoon,  Mr.  Sulli- 
van, Mr.  M.  Smith,  Mr.  Clymer,  and  Mr.  Rodney. 


1781.]  DOMESTICK  AFFAIRS.  263 


MAY   14,  1781. 

The  report  of  the  committee  on  further  ways  and 
means  to  defray  the  expenses  of  the  ensuing  cam- 
paign, &c.  was  taken  into  consideration  ;  and  the  fol- 
lowing paragraph  being  under  debate,  viz. 

"  That  the  treasury  be  directed  to  issue  no  more 
"  bills  to  the  states  in  pursuance  of  the  act  of  Con- 
"  gress  of  March  18,  1780;  that  the  states  be  required 
"  to  call  out  of  circulation  every  year  the  same  pro- 
"  portions  of  what  they  have  already  issued  as  they 
"  were  in  that  act  directed  to  redeem  of  the  whole ; 
"  and  that  they  be  required  to  do  this  by  taxes  at 
"  the  nominal  or  full  value  of  the  bills,  and  by  no 
"  means  to  exchange  them  at  a  discount  or  by  a  scale 
"  of  depreciation" — 

A  division  was  called  for ;  and  on  the  question  to 
agree  to  the  first  clause  as  far  as  "  1780"  inclusive, 
the  yeas  and  nays  being  required  by  Mr.  Ward — 

New  Hampshire,       Mr.  Sullivan,         Ay.  >  DmDBD# 
Mr.  Livermore,     No.  $ 

Massachusetts,  Mr.  Lovell,  No.  >  M 

Mr.  Ward,  No.  $  ^ 

Rhode  Island,  Mr.  Varnum,         Ay.  )>x 

Connecticut,  Mr.  Huntington,    No.  )>x 

New  Jersey,  Mr.  Witherspoon,  Ay.  >  n 

Mr.  Clarke,  No.  J  Divided* 


204 


SECRET  JOURNAL. 


[May  14, 


Pennsylvania, 

Maryland, 
Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


Mr.  Montgomery,  Ay.  } 
Mr.  Atlce,  Ay«>  Ay. 

Mr.  Clymer,  Ay.) 


Mr.  Jenifer, 
Mr.  Carroll, 

Mr.  Jones, 
Mr.  Madison, 
Mr.  Bland, 
Mr.  Smith, 

Mr.  Sharpe, 
Mr.  Johnston, 

Mr.  Matthews, 
Mr.  Motte, 
Mr.  Eveleigh, 

Mr.  Few, 
Mr.  Howly, 


No. 
No. 


No. 


So  it  passed  in  the  negative  ;  and  the  remaining 
clauses  of  the  proposition  fell  of  course. 

The  following  proposition  being  under  considera- 
tion, viz. 

"  That  the  states  he  called  upon  for  their  propor- 
"  tions  of  a  tax,  to  be  paid  in  the  new  money,  or  in 
"  gold  and  silver,  of  three  millions  of  dollars,  to  be 
"  returned  into  the  continental  treasury  on  or  before 
"  the  first  day  of  October  next ;  and  that  whatever 
"  sum  is  paid  in  the  new  money,  one  half  thereof  shall 
"  be  cancelled  and  the  other  half  only  applied  to  the 
"  publick  service" — 

A  motion  was  made  by  Mr.  Matthews,  seconded  by- 
Mr.  Sharpe,  to  strike  out  the  words  "  in  the  new 
"  money  or."    And  on  the  question,  Shall  those  words 


1781.] 


DOxMESTICK  AFFAIRS. 


205 


stand,  the  yeas    and    nays   being    required   by    Mr. 
Clarke- 


New  Hampshire,       Mr.  Sullivan,  Ay. 

Mr.  Livermore,     Ay. 


Massachusetts, 

Rhode  Island, 
Connecticut, 
New  Jersey, 

Pennsylvania, 


Maryland, 
Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


Mr.  Lovell, 
Mr.  Ward, 


Ay. 

Ay. 


Ay. 


Ay. 


Mr.  Varnum,  No.  )>X 

Mr.  Huntington,     Ay.  )>X 

Mr.  Witherspoon,  No.  )  ^ 

ah     rM    i  a      ?  Divided. 

Mr.  Clarke,  Ay.  $ 

Mr.  Montgomery,  Ay. 

Mr.  Atlee,  Ay.  . 

tm     n,     '  tvt"7    >  Divided. 

Mr.  Clymer, 

Mr.  T.  Smith, 

Mr.  Jenifer, 
Mr.  Carroll, 

Mr.  Jones, 
Mr.  Madison, 
Mr.  Bland, 
Mr.  Smith, 

Mr.  Sharpe, 
Mr.  Johnston, 

Mr.  Matthews, 
Mr.  Motte, 
Mr.  Eveleigh, 

Mr.  Few,  No.  )>x 


No. 
No., 

AyO 

No.  fAY* 
Ay  J 


IVIDED. 


So  the  question  was  lost,  and  the  words  were  struck 
out. 


•JOfi  SECRET  JOURNAL.  [June  1, 


MAY  22,  1781. 

Resolved,  That  the  committee  appointed  to  devise 
further  ways  and  means  to  carry  on  the  present  cam- 
paign, &c.  be  authorized  to  converse  with  the  super- 
intendent of  finance ;  and  in  conjunction  with  him  to 
take  order  for  obtaining  a  sum  of  gold  and  silver  for 
the  most  pressing  exigencies  of  publick  affairs,  and 
provide  for  the  punctual  performance  of  the  stipula- 
tions in  such  contract  on  the  part  of  the  United 
States. 

JUNE  1,  1781. 

The  committee,  consisting  of  Mr.  Carroll,  Mr.  Jones, 
Mr.  Witherspoon,  Mr.  Sullivan,  and  Mr.  Matthews, 
to  whom  were  referred  the  memorials  of  25th  and  26th 
April,  from  the  minister  of  France,  and  who  were  in- 
structed to  confer  with  him  and  receive  further  com- 
munications, reported  the  draft  of  a  letter  to  the  seve- 
ral states,  which  was  agreed  as  follows : 

June  1,  1781. 

SIR, 

I  am  directed  to  inform  you  that  Congress  have 
received  undoubted  intelligence,  both  from  their  minis- 
ter at  the  court  of  Versailles,  and  the  minister  of 
France  in  America,  by  order  of  his  court,  that  the 
courts  of  Vienna  and  Petersburg  have  offered  their 
mediation  to  the  belligerent  powers  for  the  re-estab- 
lishment of  peace;   that  these  overtures    have  been 


1781.]  DOMESTICK  AFFAIRS.  207 

eagerly  embraced  on  the  part  of  Great  Britain  ;  that 
France  had  declined  her  full  acceptation  thereof  until 
the  concurrence  of  her  allies  could  be  obtained  for 
that  purpose  ;  that  France  at  the  same  time  observes 
that  should  she  again  be  pressed  on  this  head,  she 
would  be  obliged  to  enter  into  a  previous  plan  of  ne- 
gotiation conditionally  for  herself  and  allies — that 
Spain  had  answered  in  such  a  manner  to  the  proposals 
of  the  mediating  powers  as  to  show  her  eventual  ac- 
ceptance. 

The  intervention  of  such  formidable  powers  will 
undoubtedly  prove  an  event  the  most  favourable  to 
these  United  States,  if  by  a  great  and  timely  exertion 
we  sufficiently  reduce  the  force  of  the  enemy  now 
operating  in  our  country.  But  should  languor  and 
inaction  subject  us  to  the  contempt  of  the  negotiators, 
all  the  consequences  will  be  chargeable  upon  ourselves. 
This  therefore  is  a  conjuncture  that  calls  for  the  most 
serious  consideration  of  these  states. 

Congress  have  not  a  doubt  in  their  minds  but  that 
each  state  in  the  union  is  determined  to  support  the 
confederacy  that  has  been  so  solemnly  entered  into, 
through  every  difficulty,  and  hand  it  down  unimpaired 
to  their  posterity.  Under  these  impressions  Congress 
can  with  confidence  call  on  their  constituents  for  such 
exertions  as  are  proportionate  to  the  truly  critical  si- 
tuation of  our  affairs.  The  plan  of  operations  for  the 
present  campaign  having  been  preconcerted  on  the 
principle  of  obliging  the  enemy  to  abandon  their  pos- 
sessions in  every  part  of  these  states,  an  unequivocal 
compliance  with  the  demands  heretofore  made  by 
Congress  for  provisions,  men.  and  money,  is  what  wr 


208  SECRET  JOURNAL.  [June  1, 

have  at  present  to  ask  for.  Should  these  means  be 
expeditiously  and  punctually  put  into  our  hands,  wc 
have  the  most  pleasing  prospect  of  putting  a  sjoeedy 
and  happy  issue  to  the  war,  by  driving  the  enemy  from 
their  present  possessions  in  every  part  of  these  states, 
or  at  all  events  to  confine  them  to  the  seacoasts,  in 
order  to  give  as  little  room  as  possible  to  the  enemy's 
claim  of  uti  possidetis  ;  which  will  undoubtedly  be  most 
strenuously  insisted  on  by  them  in  the  course  of  the 
negotiation — a  claim  totally  inadmissible  on  our  part. 
Of  course,  then,  nothing  should  be  left  unessayed  by 
these  states  to  prevent  the  embarrassments  that  such  a 
claim  must  inevitably  produce  ;  and  of  consequence 
it  is  become  indispensably  necessary  by  our  immediate 
and,  under  Providence,  successful  efforts,  to  place  our- 
selves in  such  a  situation  as  to  enable  our  negotiators 
to  speak  a  firm  and  decided  language,  becoming  the 
character  of  the  ministers  of  free,  sovereign  and  inde- 
dendent  states. 

We  conclude  with  observing,  that  from  the  forego- 
ing communications  we  are  so  thoroughly  convinced  of 
the  most  strenuous  exertions  of  every  slate  in  the  union 
to  accomplish  the  great  objects  herein  pointed  out, 
that  Congress  will  immediately  proceed  to  carry  into 
full  execution  their  plans  adopted  for  defeating  the 
ambitious  views  of  our  enemy,  and  be  prepared  to  ac- 
cept of  peace  upon  no  other  terms  than  the  Indepen- 
dence of  the  thirteen  United  States  of  America  in  all 
its  parts. 

On  motion  of  Mr.  Houston,  seconded  by  Mr.  Var- 
num — 

Resolved,  That  no  person  whatsoever  be  permitted 
to  take   copies  or  extracts  from  the  secret  journal,  or 


1781.]  DOMESTICK  AFFAIRS.  209 

from  any  papers  dircclcd  by  Congress  to  be  entered 
therein,  or  from  any  papers  with  respect  to  which  se- 
cresy  is  enjoined,  or  to  require  from  the  Secretary 
such  copies  or  extracts,  without  the  permission  of 
Congress. 


JUNE  21,   1781. 

On  the  report  of  a  committee,  consisting  of  Mr. 
Lovell,  Mr.  Sharpe,  and  Mr.  Bee,  to  whom  were  refer- 
red a  letter  and  memorial  of  the  7th  May  from  John 
Ross — 

Resolved,  That  Robert  Morris,  esquire,  be  and  he 
is  hereby  empowered  to  deliver  to  John  Ross,  in  part 
payment  of  his  account,  the  bills  of  exchange  which 
were  committed  to  him  to  be  disposed  of  by  a  resolu- 
tion of  the  4th  of  this  month,  the  restrictions  in  the 
said  resolution  notwithstanding — the  said  John  Ross, 
agreeable  to  his  proposal,  agreeing  to  receive  them  at 
par,  and  engaging  to  bring  no  charge  for  usual  dama- 
ges in  case  of  non-payment,  but  merely  to  return 
them. 

JUNE  27,  1781. 

On  motion  of  the  delegates  of  South  Carolina — 
Resolved,  That  the  President  be  authorized  to  fur- 
nish governour  Rutledge  with  four  sets  of  permits  or 
passports  for  vessels  to  bring  salt  only  into  the  state 
of  South  Carolina,  or  North  Carolina,  under  the  direc- 
tion of  the  said  governour  Rutledge. 
vol.  i.  27 


210  SECRET  JOURNAL.  [Aug.  14, 

Resolved,  That  the  said  governour  Rutledge  en- 
gage for  the  return  of  the  passports  so  furnished  him 
to  the  President  of  Congress,  after  the  purposes  for 
which  they  are  hereby  granted  shall  have  been  fulfill- 
ed, so  that  no  other  use  be  thereafter  made  of  the  said 
papers  ;  and  that  'hey  be  cancelled  by  the  President 
of  Congress  when  returned  to  him. 

JULY  3,  1781. 

On  the  report  of  a  committee  appointed  to  confer 
with  the  superintendent  of  finance,  and  to  take  order 
for  procuring  a  sum  of  specie — 

Resolved,  That  the  superintendent  of  finance  be 
and  he  is  hereby  empowered  to  pursue  such  measures 
as  he  may  think  proper  for  exporting  and  importing 
goods,  money,  and  other  articles,  at  the  risk  and  for 
the  account  of  the  United  States,  at  such  times  and  in 
such  manner  as  he  shall  deem  necessary  and  useful  to 
the  publick  service. 

AUGUST  14,  1781. 

On  the  report  of  a  committee  to  whom  was  referred 
a  motion  of  the  delegates  of  Virginia — 

Resolved,  That  sixteen  passports  be  granted  to  be 
employed  by  the  governour  of  Virginia  in  protecting 
such  number  of  vessels  as  shall  be  sufficient  to  import 
fifty  thousand  bushels  of  salt  for  the  use  of  Virginia. 

That  eight  passports  be  granted  to  be  employed  by 
the  governour  of  Maryland  in  protecting  such  a  num- 
ber of  vessels  as  shall  be  sufficient  to  import  twenty- 


!781/|  DOMESTICK  AFFAIRS.  i'l  I 

fivp  thousand  bushels  of  salt  for  the  use  of  the  state  of 
Maryland. 

That  the  said  passports  continue  in  force  for  the 
space  of  six  months  from  the  date  thereof,  and  no  lon- 
ger. 

Resolved,  That  the  President  inform  the  said  go- 
vernours  that  nothing  less  than  the  pressing  necessities 
of  Virginia  and  Maryland  could  have  induced  Con- 
gress to  relax  the  resolution  mndc  against  farther  in- 
tercourse with  the  enemy.  That  an  abuse  of  this 
indulgence  will  highly  injure  the  American  cause  ;  and 
that  Congress  rely  on  them  to  guard  the  same  against 
misapplication  by  every  possible  precaution  ;  and  to 
cause  the  passports  to  be  returned  to  the  President 
after  the  accomplishment  of  the  purposes  for  which 
they  are  now  granted. 

DECEMBER  5,  1781. 

The  committee,  consisting  of  Mr.  Lovell,  Mr.  Car- 
roll, and  Mr.  Bee,  to  whom  was  referred  a  letter  of 
30th  November  last,  from  Thomas  Edison,  report — 

"  That  Thomas  Edison  has  by  an  essential  service  to 
"the  United  States,  and  a  singular  proof  of  his  fidelity 
"  to  their  interests,  recommended  himself  to  the  atten- 
"  tion  and  reward  of  Congress  :"  Whereupon, 

Ordered,  That  the  sum  of  two  hundred  and  sixty 
six  dollars  and  two  thirds  of  a  dollar  be  paid  to  Tho- 
mas Edison  out  of  the  treasury  of  the  United  States. 


212  SECRET  JOURNAL.  [Dec.  17, 


DECEMBER  17,  1781. 

The  committee,  consisting  of  Mr.   Randolph,   Mr. 
,  reported  the  draft  of  a  circular   letter  to  the 


states,  which  was  agreed,  and  as  is  follows  : 

GENTLEMEN, 

We  are  happy  to  observe  that  the  present  year  hath 
been  distinguished  by  the  reduction  of  a  powerful 
British  garrison  in  Virginia,  and  that  our  arms  have 
also  been  prosperous  in  other  parts  of  the  United 
States.  But  to  infer  that  our  inexorable  foe  is  sub- 
dued beyond  recovery,  may  be  attended  with  ruinous 
consequences.  These  events  will  yield  but  momenta- 
ry advantages,  unless  supported  by  vigorous  measures 
in  future. 

From  an  assurance  that  peace  is  best  attained  by 
preparations  for  war,  and  that  in  the  cabinet  of  nego- 
tiations those  arguments  carry,  with  them  the  greatest 
weight  which  are  enforced  not  only  with  a  retrospect 
of  important  victories,  but  by  a  well  grounded  pro- 
spect of  future  successes,  we  have  called  upon  you  for 
eight  millions  of  dollars,  and  for  your  respective  de- 
ficiencies of  the  military  establishment. 

Seven  years  have  nearly  passed  since  the  sword  was 
first  unsheathed.  The  sums  expended  in  so  long  a 
period  in  a  just  and  necessary  war  must  appear  mode- 
rate ;  nor  can  any  demand  for  pecuniary  aid  be  deem- 
ed exorbitant  by  those  who  compute  the  extent  of  the 
publick  exigencies  and  the  proportion  of  the  requisi- 
tion to  the  abilities  of  the  states.     Suppose  not  that 


1781.]  DOMESTICK  AFFAIRS.  213 

funds  exist  for  our  relief  beyond  the  limits  of  these 
states.  As  the  possessions  of  the  citizens  constitute 
our  natural  resources,  and  from  a  sense  of  their  suffi- 
ciency the  standard  of  war  was  erected  against  Great 
Britain,  so  on  them  alone  we  now  rely.  But  even  if 
loans  were  attainable,  their  amount  would  be  merely 
commensurate  with  our  ability  and  inclination  to  re- 
pay ;  and  by  nothing  can  both  be  more  satisfactorily 
evidenced  than  by  a  generous  exertion  amidst  the  lan- 
gour  of  publick  credit.  Arguing  from  the  former  dila- 
toriness  of  supplies,  the  enemy,  after  having  abandon- 
ed serious  expectations  of  conquest  by  arms,  antici- 
pate it  in  imagination  from  the  dissolution  of  our 
publick  credit. 

They  cannot  however  deny  the  firmness  of  the  basis 
on  which  it  may  be  placed,  when  they  survey  the  wide 
limits  of  this  confederate  country,  the  fruitfulness  of 
its  soil,  and  the  industry  of  its  people. 

But  the  want  of  money  is  not  the  only  source  of  our 
difficulties  ;  nor  do  the  enemy  gather  consolation  from 
the  state  of  our  finances  alone.  We  are  distressed 
by  the  thinness  of  our  battalions.  So  vulnerable 
does  the  boldness  of  navigation  render  the  very  bo- 
som of  these  states,  so  dispersed  in  some  parts  is  the 
population,  and  so  rapid  our  enemy  in  transportation, 
that  they  seize  and  exhaust  large  districts  before  their 
ravages  can  be  checked.  The  requisition  for  the 
completion  of  your  battalions  is  therefore  not  only 
reasonable,  but  indispensable. 

Tardiness  in  the  collection  of  our  troops  has  con- 
stantly encouraged  in  our  enemy  a  suspicion  that 
American  opposition  is  on  the  decline.     Hence  money 


214  SECRET  JOURNAL.  [Dec.  17, 

from  time  to  time  is  poured  into  the  coffers  of  our  ene- 
my; and  the  lender  is  perhaps  allured  by  the  prospf-ct 
of  receiving  it  with  a  usurious  interest  from  the  spoils 
of  confiscation. 

To  whom  then  rather  than  yourselves,  who  are  call- 
ed" to  the  guardianship  and  sovereignty  of  your  coun- 
try, can  these  considerations  be  addressed  ?  Joint 
labourers  as  we  are,  in  the  work  of  independence, 
duty  impels  us  to  admonish  you  of  the  crisis.  We  pos- 
sess no  funds  which  do  not  originate  with  you.  We  can 
command  no  levies,  which  are  not  raised  under  your 
acts.  Well  shall  we  acquit  ourselves  to  the  world, 
should  peace,  towards  the  acquisition  of  which  so  il- 
lustrious a  point  hath  been  gained,  now  escape  our 
embraces,  by  the  inadequacy  of  our  army,  or  our  trea- 
sure :  for  an  appeal  to  this  exposition  of  your  affairs 
will  demonstrate  our  watchfulness  of  your  happiness. 

We  conjure  you  to  remember  what  confidence  we 
shall  establish  in  the  breast  of  that  great  monarch,  who 
has  become  a  party  in  our  political  welfare,  by  a  bold, 
energetick  display  of  our  ability. 

We  therefore  trust  in  your  attention  and  zeal  to 
avail  yourselves,  at  this  important  crisis,  of  the  glori- 
ous advantages  lately  obtained,  by  a  full  compliance 
with  these  requisitions  of  men  and  money  which  we 
have  made  to  you,  and  the  necessity  of  which  hath 
been  pointed  out  to  us  by  the  maturest  consideration 
on  the  present  circumstances  of  these  United  States. 
By  Ord^r  of  Congress. 

JOHN  HANSON,  President. 


1781[  DOMESTICK  AFFAIRS.  215 


DECEMBER  20,  1781. 

On  the  report  of  a  committee  appointed  to  confer 
with  the  commander  in  chief — 

Resolved,  That  the  commander  in  chief  be  in- 
formed that  it  is  the  earnest  desire  of  Congress,  that 
he  should  take  the  most  effectual  measures  for  procur- 
ing the  exchange  of  his  excellency  Thomas  Burke, 
governour  of  North  Carolina,  for  some  of  the  subjects 
of  his  Britannick  majesty  not  military,  who  were 
made  prisoners  of  war  under  the  capitulation  of  York, 
in  Virginia ;  and  that  he  report  to  Congress  his  pro- 
ceedings therein. 

APRIL  5,  1782. 

On  the  report  of  a  committee,  consisting  of  Mr. 
Clymer,  Mr.  Osgood,  and  Mr.  Cornell,  to  whom  was 
referred  a  letter  of  the  3d  from  the  superintendent  of 
finance — 

Resolved,  That  Congress  do  approve  of  the  mo- 
tives which  have  induced  the  superintendent  of  fi- 
nance to  give  the  preference  above  all  others  to  the 
contract  offered  by  Comfort  Sands  and  Co., Tench  Fran- 
cis, Oliver  Phelps,  Timothy  Edwards,  and  Thomas 
Lowry,  for  the  supply  of  the  moving  army. 

APRIL  26,  1782. 

On  the  report  of  a  committee,  consisting  of  Mr. 
Atlee,  Mr.  Bland,  Mr.  Partridge,  Mr.  Cornell,  and 


216  SECRET  JOURNAL.  [May  24, 

Mr.  Clarke,  to    whom  was  referred  a  letter  of  11th 
from  the  secretary  at  war — 

Resolved,  That  the  secretary  at  war  take  order 
for  establishing  good  and  sufficient  magazines  for  the 
reception  of  the  publick  ammunition,  at  the  following 
places,  to  wit :  At  Springfield,  in  the  state  of  Massa- 
chusetts, at  West  Point,  in  the  state  of  New  York,  at 
the  Yellow  Spring,  in  the  state  of  Pennsylvania,  and 
at  New  London,  in  the  state  of  Virginia. 

MAY  24,  1782. 

The  supcnntendent  of  finance  having,  in  a  letter  of 
this  day,  enclosed  the  copy  of  a  letter  of  the  4th  of 
March  from  the  honourable  doctor  Franklin,  minister 
plenipotentiary  of  the  United  States  at  the  court  of 
Versailles,  and  a  copy  of  a  letter  of  the  6th  February 
from  count  de  Vergennes  to  doctor  Franklin,  together 
with  a  state  of  the  moneys  obtained  in  Europe  for  ac- 
count of  the  United  States,  from  which  he  says — 
"  Congress  will  perceive  that  every  sous  we  can  com- 
"  mand  during  the  year  1782  is  already  anticipated; 
"that  the  pecuniary  supplies  of  1781  and  1782 
"  amount,  after  deducting  the  expenses  on  the  loan,  to 
"twenty-five  and  a  half  millions  of  livres  ;  and  that 
"  there  are  (including  the  two  millions  two  hundred 
"  thousand  livres  appropriated  to  the  interest  of  loan 
"  office  certificates)  near  ten  millions,  besides  the  sum 
"  expended  in  Holland,  which  have  already  passed,  and 
"  are  now  passing  through  the  hands  of  doctor  Franklin, 
"  and  of  which  not  a  livre  has  been  or  ever  will  be  ap- 
"  plied  to   the  current  service.     If  to  this  be  added 


1781.]  DOMESTICK  AFFAIRS.  217 

"  above  two  millions  and  a  half  due  on  Beaumarchais 
"bills,  we  shall  have  an  amount  of  about  twelve  and 
"  a  half  millions,  being  at  least  one  half  of  all  the  mo- 
a  neys  obtained  abroad  for  the  service  of  the  years 
"  1781,  and  1782;  and  we  shall  find  that  this  greater 
"  half  is  totally  consumed  in  paying  the  principal  of 
M  some,  and  the  interest  of  other  debts,  which  have 
"  been  contracted  before  that  period." 

The  copy  of  the  letter  of  6th  February,  from  count 
de  Vergenncs  to  doctor  Franklin,  being  read,  to  which 
is  annexed  the  following : 

Sketch  of  the  account  of  Congress  with  the  royal 
treasury. 

1781.  Receipts. 

The  king  has  advanced       -       4,000,000 

Gratuitous  subsidy    -     -     -       6,000,000 

Loan  in  Holland        -     -     -     10,000,000 

20,000,000 


Application. 

Remitted  to  Mr.  Franklin  at 
different  times  by  the  de- 
partment of  foreign  af- 
fairs   4,000,000 

Furnished  in  cash  to  colo- 
nel Laurens      ....       2,500,000 

Price  of  goods  sent  in  May 

and  June 2,069,109 

Price  of  goods  intended  to 

be  sent  in  March,  1782  2,570,000 


Carried  forward  11,139,109     20,000,000 

voi».  i.  28 


8ft  SECRET  JOURNAL.  [May  24, 

Brought  forward        11,139,109     20,000,000 

N.   B.  Those    for   Virginia 
are  not  included. 

Bills    of     Mr.    Morris     on 

Messrs.  Le  Conteulx      -       1,000,000 

Money  sent  to  Holland,  and 
remitted  to  Mr.  Franklin        1,430,000 

To  Mr.  Le  Grand   for  ac- 
count  of  Mr.  Franklin    -       2,216,000 

15,?8d,109 


Balance       4,214,891 

N.  B.     There  remains  to  be  taken  from  that  sum — 

First, .The  price  of  goods  bought  for  the  state  of 
Virginia. 

Second,    The  charges  for  the  loan  in  Holland. 

Mr.  Franklin  must  provide  for  the  bills  drawn  by 
Mr.  Morris  on  Mr.  Le  Conteulx. 

The  letter  of  4th  March,  from  Mr.  Franklin  to  the 
superintendent  of  finance,  being  also  read,  wherein  is 
the  following  paragraph  and  postscript : 

•'  Friday  last  the  minister  was  so  good  as  to  inform 
"  me  we  should  have  six  millions  paid  quarterly,  of 
"  which  one  million  five  hundred  thousand  would  be 
"  ready  for  us  at  the  end  of  this  month.  I  hope  I  shall 
"  now  be  able  to  face  the  loan  office  and  other  bills. 
'•'  and  my  acceptances  in  favour  of  Mr.  Beaumarchais  ; 
"  and  I  will  do  as  much  as  I  can  out  of  the  loan  to- 
"  wards  fulfilling  your  orders  of  paying  and  deposit- 
;-  ing  money  in  other  hands.  But  when  you  observe 
,;  that  the  Dutch  loan,  which  you  conceived  might  be 
"  entire  with  me,  and  at  your  disposition,  has  suffered 


1781.]  DOMESTICK  AFFAIRS. 

"  such  large  deductions,  you  will  not  expect  much  ; 
"  and  your  hopes  of  twelve  millions  for  the  present 
"  year  falling  short  by  one  half,  as  far  as  appears  at 
"  present,  you  will  arrange  your  affairs  accordingly, 
"  and  prevail  on  our  people,  if  possible,  to  do  more 
11  for  themselves." 

"  P.  S.  By  the  15th  of  this  month  another  million 
"  of  the  Dutch  loan  will  be  consumed  in  paying  bills, 
"  &c.  so  that  I  fear  it  will  be  difficult  for  me  to  pay 
;c  those  in  favour  of  Mr.  Ross ;  but  I  will  try." 

The  superintendent's  account  of  the  moneys  in 
France  being  also  read  as  follows  : 

Due  on  the  Dutch  loan,  ac- 
cording to  the  sketch  given 
by  count  de  Vergennes        $4, 214, 891 

To  be  advanced  in  quarterly 
payments  during  the  year 
1782  6,000,000 

10,214.891 


DEDUCTIONS. 

1.  So  much  payable  by  Dr. 
Franklin  the    15th  March, 

1782  -  -  1,000,000 

2.  Expenses  of  negotiating 
the  loan  in  Holland,  esti- 
mated at  500,000 

3.  Amount  of  articles  furnish- 
ed to  Virginia,  estimated  at       700,000 

K  Bills  drawn  on  Le  Con- 
tculx  &  Co.  last  year,  men- 
tioned in  the  count's  letter       200,000 


Carried  forward         2,400,000     10,214,891 


220  SECRET  JOURNAL.  [May  24, 

Brought  forward  2,400,000     10,214,891 

5.  Amount  of  interest  bills          2,200,000 

6.  Amount  of  orders  in  fa- 
vour of  Messrs.  Bingham 
and  Ross,  in  December 
last,    being  for  a    part    of 

their  advances  -         -         300,000 

7.  Amount  of  clothing  pur- 
chased by  me  the  last  au- 
tumn from  necessity,  the 
payments     for    which   are 

now  falling  due         -         -         700,000 

8.  Moneys  due  to  Mr.W.  Lee, 
which  I  directed  Mr.  Frank- 
lin to  pay  with  the  inte- 
rest, say  about         -         -  45,000 

9.  Amount  of  bills  drawn  by 
me    on    Mr.    Grand,  since 

1st  January  last  -  1,085,000 

10.  Bills  drawn  by  Con- 
gress in  favour  of  Mr.  Beau- 
marchais  three  years  ago, 
and  which  are  payable  22d 

June  next  -  -  2,544,000 

11.  Expenses  of  foreign  mi- 
nisters,   and  contingencies        400,000 

12.  Expenses  of  negotiating 

at  \  per  cent.  -         -  60,000 

9,734,000 

Remains  $480,891 


1781.]  DOMESTICK  AFFAIRS.  221 

The  expenses  of  hiring  transports,  maintaining  pri- 
soners, &c.    will    more  than  consume    that  balance. 

A  motion  was  made  by  Mr.  Bland,  seconded  by 
Mr.  Telfair, 

That  a  committee  be  appointed,  to  whom  shall  be 
referred  the  letter  of  the  superintendent  of  finance,  the 
letter  of  Dr.  Franklin  to  the  said  superintendent,  and 
the  accounts  this  day  laid  before  Congress  by  the  su- 
perintendent of  finance  ;  which  committee  are  directed 
to  make  inquiry  into  the  loans  and  subsidies  from 
France,  Holland,  &c.  and  the  authority  under  which 
the  appropriation  of  the  said  loans  and  subsidies  has 
been  made  ;  and  report  thereon  to  Congress. 

A  motion  was  made  by  Mr.  Lowell,  seconded  by 
Mr.  Ellery,  to  amend  the  motion  by  striking  out  the 
words  "  which  committee,"  &c.  to  the  end,  and  in  lieu 
thereof  inserting,  "  And  that  the  said  committee  be  in- 
"  structed  to  inquire  concerning  the  appropriation  and 
"  application  of  the  moneys  procured  in  Europe  on  loan 
"  or  otherwise;  and  that  they  confer  with  the  superin- 
"  tendent  of  finance  on  the  subject,  and  report  thereon." 

On  the  question  to  agree  to  this  amendment,  the  yea? 
and  nays  being  required  by  Mr.  Bland — 

Massachusetts,  Mr.  Osgood,  )  A 

Mr.  Lowell,  5  AY* 

Rhode  Island,  Mr.  Ellery,  Ay.  >  A 

Mr.  Cornell,  Ay.  $  Ay* 

Connecticut,  Mr.  Root,  Ay.  )>x 

New  York,  Mr.  Scott,  Ay.  )>x 

New  Jersey,  Mr.  Clark,  Ay.  )>x 


2B2  SECRET  JOURNAL.  [M*y  24. 

Pennsylvania,  Mr.  Montgomery,  Ay.^ 

Mr.  Smith,  Ay. 

Mr.  Clymer, 
Mr.  Atlee, 

Maryland,  Mr.  Hanson, 

Mr.  Wright, 

Virginia,  Mr.  Madison, 

Mr.  Bland, 

South  Carolina,         Mr.  Rutledge, 
Mr.  Ramsay, 
Mr.  Middlcton, 

Georgia,  Mr.  Telfair, 

Mr.  Jones, 
Mr.  Few, 

So  it  was  lost.       i 

A  motion  was  then  made  by  Mr.  Cornell,  seconded 
by  Mr.  Atlee,  to  amend  the  motion  by  striking  out  the 
words  w  And  the  authority  under  which  the  appro- 
"  priation  of  the  said  loans  and  subsidies  has  been 
"  made  ;"  And  on  the  question,  Shall  those  words  stand, 
the  yeas  and  nays  being  required  by  Mr.  Bland — 


Massachusetts.  Mr.  Osgood, 

Mr.  Lowell, 


&j»- 


Rhode  Island.  Mr.  Ellery,  No.  >  « 

Mr.  Cornell,  No.  5  JNo* 

Connecticut.  Mr.  Root,  No.  ^-X 

New  York,  Mr.  Scott,  No.  >-x 

Pennsylvania,  Mr.  Montgomery,  No. 

Mr.  Smith,  No. 

Mr.  Clymer,  No.  , 

Mr.  Atlee.  No.  ) 


No. 


1781.] 
Maryland, 

Virginia, 

South  Carolina, 

Georgia, 


DOME9TICK  AFFAIRS. 

Mr.  Hanson, 
Mr.  Wright, 

Mr.  Madison, 
Mr.  Bland, 

Mr.  Rutledgc, 
Mr.  Ramsay, 
Mr.  Middleton, 

Mr.  Telfair, 
Mr.  Jones, 
Mr.  Few, 


2» 


No. 
No 


•iNo. 


a* 


IVlDElJ. 


No.) 
No.S  No. 
Ay.S 

Ay.  J 

No. }  No. 
No.S 


So  it  passed  in  the  negative. 

On  the  question  to  agree  to  the  motion  as  amended, 
the  yeas  and  nays  being  required  by  Mr.Bland — 


Massachusetts, 

Rhode  Island, 

Connecticut, 
New  York, 
Pennsylvania. 

Maryland, 
Virginia, 
S<?uth  Carolina, 


Mr.  Osgood, 
Mr.  Lowell, 

Mr.  Ellery, 
Mr.  Cornell, 

Mr.  Root, 

Mr.  Scott, 


No. 

No 


:! 


No. 


No. 

No. 


No. 


No.  >X 

No.  yx 


Mr.  Montgomery,  No. 
Mr.  Smith, 
Mr.  Clymer, 
Mr.  Atlee, 


Mr.  Hanson, 
Mr.  Wright, 

Mr.  Madison, 
Mr.  Bland, 

Mr.  Rutledge, 
Mr.  Ramsay, 
Mr.  Middleton., 


No.*\ 

No.  >No' 
No.J 


IVIDED. 


224  SECRET  JOURNAL.  [May  24, 

Georgia,  Mr.  Telfair, 

Mr.  Jones, 


Mr.  Few, 

So  the  question  was  lost. 

A  motion  was  then  made  by  Mr.  Rutledge,  seconded 
by  Mr.  Madison — 

That  the  superintendent  of  finance  lay  before  Con- 
gress an  account  of  all  money  borrowed  or  granted  in 
Europe,  by  or  to  the  United  States,  antecedent  to  the 
4th  day  of  March  last ;  and  also  a  general  state  of 
the  purposes  to  which  the  same  has  been  applied. 

On  the  question  to  agree  to  this,  the  yeas  and  nays 
being  required  by  Mr.  Telfair — 

Massachusetts,  Mr.  Osgood, 

Mr.  Lowell, 

Rhode  Island,  Mr.  Ellery, 

Mr.  Cornell, 

Connecticut,  Mr.  Root, 

New  York,  Mr.  Scott, 

Pennsylvania,  Mr.  Smith, 

Mr.  Clymer, 
Mr.  Atlee, 

Maryland,  Mr.  Hanson, 

Mr.  Wright, 

Virginia,  Mr.  Madison,         Ay. )   . 

Mr.  Bland,  Ay.  5  AY' 

South  Carolina,         Mr.  Rutledge, 

Mr.  Ramsay,  Ay.  ^  Ay. 

Mr.  Middleton, 


1782.]  DOMESTICK  AFFAIRS.  225 

Georgia, 

'  Ay. 


Mr.  Telfair, 

Ay. 

Mr.  Jones, 

Ay. 

Mr.  Few, 

Ay. 

So  it  was  resolved  in  the  affirmative. 


MAY  25,  1782. 

A  motion  was  made  by  Mr.  Cornel!,  seconded  by 
Mr.  Ellery, 

That  the  entry  of  yesterday  be  transferred  to  the 
secret  journal. 

A  motion  was  made  by  Mr.  Bland,  seconded  by  Mr. 
Telfair,  to  strike  out  the  words  "  transferred  to  the 
"  secret  journal ;"  and  in  lieu  thereof  insert  "not 
"  printed  until  the  further  order  of  Congress." 

A  motion  was  then  made  by  Mr.  Ellery,  seconded 
by  Mr.  Lowell,  to  amend  the  amendment  by  adding 
"  nor  copies  delivered  out.'"' 

On  the  question  to  agree  to  this  amendment  to  the 
amendment,  the  yeas  and  nays  being  required  by  Mr. 
Telfair— 

Massachusetts,  Mr.  Osgood,  A\.  )   r\ 

Mr.  Lowell,  No.  \  Divided' 

Rhode  Island,  Mr.  Ellery,  Ay.  )  . 

Mr.  Cornell,  Ay.  ]  Ay' 

New  York,  Mr.  Scott,  Ay.  ^x 

Pennsylvania,  Mr.  Smith,  Ay.  )  . 

Mr.  Atlee,  Ay.  J  Ay* 

Maryland,  Mr.  Hanson,         Ay. }  . 

Mr.  Wright,  Ay.  J  AY* 

vol.  i.  29 


226 
Virginia, 

South  Carolina, 
Georgia, 


SECRET  JOURNAL. 

Mr.  Madison, 
Mr.  Bland, 

Mr.  Rutledge, 
Mr.  Rumsay, 
Mr.  Middleton, 

Mr.  Telfair, 
Mr.  Jones, 
Mr.  Few, 


[MaySfi, 


No.  \  No' 

No.) 
No.S  No. 
No.S 


No.) 
Ay.>  Ay. 
Ay.S 


So  the  question  was  lost. 
On  the  question   to  agree   to   the 
yeas  and  nays  being  required  by  Mr. 


amendment,  the 
Lowell — 


Massachusetts, 

Rhode  Island, 

New  Yo  k, 
Pennsylvania, 

Maryland, 

Virginia, 

South  Carolina, 


Mr.  Osgood, 
Mr.  Lowell, 

Mr.  Ellery, 

Mr.  Cornell, 

Mr.  Scott, 

Mr.  Smith, 
Mr.  Atlee, 

Mr.  Hanson, 
Mr.  Wright, 

Mr.  Madison, 
Mr.  Bland, 

Mr.  Rutledge, 
Mr.  Ramsay, 
Mr.  Middleton, 


No. 
Ay 


'IVIDED 


Georgia, 

So  the  question  was  lost. 


Mr.  Telfair, 
Mr.  Jones, 
Mr.  Few, 


No.  >X 

Ay]  \  Divided. 

Ay*  I  Ay 

No.} 
Ay.>  Ay. 
Ay.J 

No.} 
Av.>  Ay. 
Ay.} 


1782.]  DOMESTICK  AFFAIRS.  g*l 

On  the  question  to  agree  to  the  original  motion,  the 
yeas  and  nays  being  required  by  Mr.  Telfair — 

Massachusetts,  Mr.  Osgood,  Ay.  >   . 

Mr.  Lowell,  Ay.  J 

Rhode  Island,  Mr.  Ellery,  Ay.  )  Ay 

Mr.  Cornell,  Ay.  \ 

New  York,  Mr.  Scott,  Ay.  )>X 

Pennsylvania,  Mr.  Smith,  Ay.). 

Mr.  Atlee,  Ay.  \  AYm 

Maryland,  Mr.  Hanson,  Ay.  )   . 

Mr.  Wright,  Ay.5A'' 

Virginia,  Mr.  Madison,         No. )  M 

Mr.  Bland,  No.  $  iN0* 

South  Carolina,        Mr.  Rutledge,        No.  } 

Mr.  Ramsay,  No.  \  No. 

Mr.  Middleton,      No.) 

Georgia,  Mr.  Telfair,  No.  } 

Mr.  Jones,  No.  V  No. 

Mr.  Few,  No.) 

So  the  question  was  lost. 

A  motion  was  then  made  by  Mr.  Ellery,  seconded 
by  Mr.  Osgood, 

That  the  entry  of  yesterday  of  the  letters  of  Dr. 
Franklin,  and  the  superintendent  of  finance,  be  pub- 
lished, and  copies  thereof  be  delivered  to  such  mem- 
bers of  Congress  as  shall  apply  for  the  same. 

On  the  question  to  agree  to  the  motion,  the  yeas 
and  nays  being  required  by  Mr.  Ellery — 


288  SECRET  JOURNAL.  [Juue  7, 

Massachusetts,  Mr.  Osgood,  No.  >  » 

Mr.  Lowell,  No.  5  JNo* 

Rhode  Island,  Mr.  Ellery, 

Mr.  Cornell, 

New  York,  Mr.  Scott, 

Pennsylvania,  Mr.  Smith, 

Mr.  Atlee, 

Maryland,  Mr.  Hanson,  No. 

Mr.  Wright,  No. 


No. 


Virginia,  Mr.  Madison, 

Mr.  Bland, 

South  Carolina,         Mr.  Rutledge,        No.} 

Mr.  Ramsay,  No.  >  No. 

Mr.  Middleton,      Ay.  3 

Georgia,  Mr.  Telfair,  Ay.} 

Mr.  Jones,  No.  >  No. 

Mr.  Few,  No.  > 

So  it  passed  in  the  negative. 

JUNE  7,  1782. 

On  motion  of  Mr.  Ramsay,  seconded  by  Mr.  Cor- 
nell- 
Resolved,  That  the  secretary  at  war  and  superin- 
tendent of  finance  be  directed  to  take  such  means  as 
they  may  think  proper  to  convey  in  the  speediest  man- 
ner, by  land  or  by  water,  clothing  and  other  necessa- 
ries to  the  southern  army. 


1732.]  DOMESTICK  AFFAIRS.  229 

JULY  18,   1782. 

On  motion  of  Mr.  Ramsay,  seconded  by  Mr.  Wither- 
spoon, 

Rfsolved,  That  the  postmaster-general  take  the 
roost  speedy  and  effectual  methods  to  apprehend  the 
robbers  of  the  publick  mail,  and  (hat  ne  shall  be  re- 
imbursed by  these  United  States  any  sums  of  money, 
not  exceeding  two  hundred  and  thirty-three  dollars  and 
one  third,  which  he  shall  bona  fide  expend  on  this 
business. 

JULY  25,   1782. 

On  a  report  from  the  superintendent  of  finance,  as 
agent  of  marine,  to  whom  was  referred  a  report  of  the 
secretary  at  war  on  a  memorial  of  Musco  Livingston — 

Resolved,  That  the  ageni  of  marine  be  and  he  is 
hereby  directed  to  grant  letters  of  passport  and  Mite 
conduct  to  such  vessel  as  may  be  employed  by  Musco 
Livingston,  to  sail  from  some  port  of  the  United  States, 
in  ballast,  to  the  island  of  Jamaica,  and  to  bring  from 
thence  the  family  and  effects  of  the  said  Musco  Living- 
ston ;  provided,  that  nothing  in  such  passporl  contained 
shall  authorize  the  importation  into  these1  Unite  I  Slate?, 
or  any  of  them,  of  any  goods,  wares,  or  merchandises, 
excepting  money,  plate,  household  furniture,  and  wear- 
ing apparel  for  the  use  of  his  family  ;  and  (hat  the  said 
Musco  Livingston  give  bond,  with  sufficient  sureties, 
to  be  lodged  in  the  office  of  finance,  in  such  a  sum  as 
the  superintendent  of  finance  shall  think  proper,  not 
to  contravene  in  any  respect  the  true  intent  and  mean- 
ing of  this  resolution. 


SECRET  JOURNAL.  [Dec.  3, 


NOVEMBER  -27.  1782. 

On  the  report  of  a  committee,  consisting  of  Mr.  Os- 

.  Mr     Carroll,  and    Mr.   Rutledge,   to  whom   was 

referred  a  letter  of  the  19th   from  the  commander  in 

chief,  enclosing    a  paper  endorsed,    "  Information  of 

••  Christopher   Osgood"  — 

Resolved.  That  the  commander  in  chief  be  and  he 
is  hereby  empowered  and  directed  to  take  immediate 
res  for  apprehending  and  securing  Lake  Knowl- 
ton.  of  N  a  :  e,  and  Samuel  Wells,  of  Brattleborough, 
both  of  the  district  of  country  commonly  called  the 
New  Hampshire  Grants,  west  of  Connecticut  river,  and 
£U('i  others  within  the  district  aforesaid  as  there  may 
be  good  reason  to  apprehend  have  been  concerned 
with  the  said  Knowhon  and  Wells  in  a  dangeroi> 
respondence  and  intercourse  with  the  enemy  ;  and  that 
the  cooimanJer  in  chief  be  authorized  to  communi- 
cate this  resolution,  and  the  information  on  whirh  it  is 
Jed,  to  such  persons  exercising  authority  in  the 
disirict  aforesaid,  and  at  such  time  as  he  shall  think 
proper. 

DECEMBER  3.  1782. 

Resolved,    That    the   supreme    executives    of  the 
states  of  New  Hampsh if      M  -:".  =  .  Connecticut 

in  J  New  York,  be  furnished  with  a  copy  of  Christo- 
pher Osgood's  declaration,  in  order  that  they  may  have 
due  information  of  the  treasonable  practices  with 
which  some   of  their   subjects  are   charged,  no  less 


1782.]  DOMESTICK  AFFAIRS.  231 

dangerous  to  their  own  safety  than  that  of  the  United 
Slates.  And  that  the  executive  of  the  state  in  which 
the  said  Christopher  Osgood  may  reside,  or  be,  be 
requested  to  take  such  measures  for  the  appearance  of 
the  said  Christopher  Osgood  at  any  trial  to  be  had  of 
the  persons  mentioned  in  his  declaration,  as  to  thr 
said  executive  may  seem  proper. 

DECEMBER  11,  1782. 

On  a  report  from  the  secretary  at  war — 
Resolved,  That  the  secretary  at  war  be  empowered 
to  permit  any  British  prisoner  of  war  to  hire  himself 
as  a  labourer,  provided  the  person  who  employs  him 
shall  give  sufficient  security  for  his  appearance  when 
called  for,  in  a  penal  bond  of  one  hundred  pounds 
current  money  of  Pennsylvania;  and  that  he  pay  to 
the  superintendent  of  finance  four  dollars  monthly  for 
the  hire  of  such  prisoner  while  retained  in  his  ser- 
vice. 

JANUARY  3,  1783. 

A  motion  was  made-by  Mr.  Arnold,  seconded  by  Mr. 
Collins — 

That  the  secretary  for  foreign  affairs  be  directed 
to  transmit  to  the  executive  of  the  state  of  Rhode 
Island  and  Providence  Plantations,  certified  copies  of 
the  following  extracts  of  publick  letters  from  Europe, 
viz. 


232  SECRET  JOURNAL.  [Jan.  3, 

Extract   of  a  Letter  from    the   Minister  of  the   United 

Slates    at    the   Court    of    Versailles,    directed   to  the 

Secretary  for  Foreign  Affairs,  dated  Passy,  August 

12,   1782. 

"  All    ranks   of  this  nation  appear  to  be   in  good 
:'  humour  with  us,  and  our  reputation  rises  throughout 
"  Europe." 
Extract  of  a  Letter  from  the  Minister   at  the  Court  of 

Versailles,  to  the  Secretary  for  Foreign  Affairs,  dated 

Passy,  September  3,  1782. 

"  It  affords  me  much  satisfaction  to  find  the  conduct 
"  of  Congress  approved  by  all  that  hear,  or  speak  of 
"  it ;  and  to  see  all  the  marks  of  a  constantly  growing 
"  regard  for  us,  and  confidence  in  us,  among  those  in 
"  whom  such  sentiments  are  most  to  be  desired." 
Extract  of  a  Letter  from  the  Minister  at  the  Court  of 

Versailles,    to    the   Superintendent   of  Finance,  dated 

Passy,    April  8,  1782,  read  in  Congress,   December 

27,  17S2. 

"  Our  publick   affairs   go  on   swimmingly  in  Hol- 
"  land." 
Extract  of  a  Letter  from  the  Minister  at  the  Court  of 

Versailles,    to   the    Superintendent  of  Finance,   dated 

Passy,  August  12,  1782,  read  in  Congress,  December 

27,  1782. 

"  Your  conduct,  activity  and  address  as  financier 
"  and  provider  for  the  exigencies  of  the  state,  is  much 
"  admired  and  praised  here,  its  good  consequences  be- 
"  ing  so  evident,  particularly  with  regard  to  the  rising 
"  credit  of  our  country,  and  the  value  of  bills." 


1783.]  DOMESTICK  AFFAIRS.  238 

Extract  of  a  Letter  from  the   Minister  of  the   United 
Stales  at  the  Hague,  to  the  Secretary  for  Foreign  Af- 
fairs, dated  Hague,  July  5,  1782. 
"  Although  I  was  obliged  to  engage  with  them  for 
"  five  millions  of  gilders,    I    don't  expect    we  shall 
"  obtain  that  sum  for  a  long  time.     If  we  get  a  mil- 
"  lion  and  a   half  by  Christmas  it  will  be  more  than  I 
"  expect." 

Extract  of  a  Letter  from  the  Marquis  de  la  Fayette  to 
the  Secretary  for  Foreign  Affairs,  dated  Paris,  Oc~ 
tober  5,  1782. 

"  In  a  letter  from  Mr.  Adams  to  me,  dated  the 
"  Hague,  September  29,  I  had  the  following  intelli- 
"  gence  :  '  We  have  at  length  the  consent  of  all  the 
"  cities  and  provinces,  and  have  adjusted  and  agreed 
u  upon  every  article,  word,  syllable,  letter,  and  point, 
"  in  the  treaty  of  commerce  ;  and  clerks  are  employ- 
"  ed  in  making  out  fair  copies  for  the  signature, 
"  which  will  be  done  this  week.  Amidst  the  innu- 
"  merable  crowd  of  loans  which  are  opened  in  this 
"  country,  many  of  which  have  little  success,  I  was 
"  afraid  that  ours  would  have  failed.  I  have,  how- 
"  ever,  the  pleasure  to  inform  you  that  I  am  at  least 
"  one  million  and  a  half  in  cash,  about  three  millions 
"  of  livres,  which  will  be  an  aid  to  the  operations  of 
"  our  finances.'  From  this  it  appears  that  Mr.  Adams 
"  has  well  employed  his  time  in  Holland,  and  I  beg 
"  you  will  please  to  communicate  this  extract  to  Mr. 
"  Morris." 

VOL.  I.  30 


234  SECRET  JOURNAL.  [Jan.  3, 

That  the  said  secretary  also  transmit  to  the  said 
executive  certified  copies  of  the  several  letters  that 
have  been  received  from  Mr.  Adams,  the  minister  at 
the  Hague,  in  the  course  of  the  last  six  months,  as 
well  as  those  from  Mr.  Dumas,  and  the  sundry  letters 
which  have  been  received  from  the  ministers  at  Ver- 
sailles and  Madrid,  on  the  subject  of  loans,  in  the 
course  of  the  year  1782,  and  of  all  other  letters  re- 
specting applications  for  foreign  loans,  and  the  result 
thereof;  and  respecting  which  secrecy  is  not  enjoined 
by  Congress. 

A  motion  was  made  by  Mr.  Wolcott,  seconded  by 
Mr.  Carroll,  to  amend  by  prefixing  the  following  pre- 
amble : 

Whereas  the  delegates  of  the  state  of  Rhode  Island 
have  frequently  interrupted  and  delayed  the  important 
business  of  Congress,  by  their  solicitations  to  obtain 
certain  extracts  from  letters  received  by  Congress  from 
their  ministers,  to  have  them  transmitted  to  the  state 
of  Rhode  Island;  and  whereas  although  such  extracts 
being  taken  without  the  connexion  which  they  bear 
to  other  parts  of  such  letters  will  be  very  liable  to 
misguide  those  to  whom  such  extracts  shall  be  sent  ; 
yet  considering  the  interruption  which  such  frequent 
motions  occasion  to  the  necessary  business  of  the 
United  States,  Resolved — 

A  motion  was  made  by  Mr.  Gilman,  seconded  by 
Mr. ,  to  amend  the  amendment,  by  inserting  be- 
fore the  words  "  the  delegates,''  the  words  "  some 
of." 


1783.] 


DOMESTICK  AFFAIRS. 


A  motion  was  then  made  by  Mr.  Rutledge,  second- 
ed by  Mr.  Hawkins,  as  follows  : 

Congress  having,  on  the  20th  December  last,  direct- 
ed the  secretary  for  foreign  affairs  to  transmit  to  the 
executive  authority  of  Rhode  Island,  an  authenticated 
»tate  of  the  several  applications  for  foreign  loans,  and 
the  result  thereof — 

Resolved,  That  the  foregoing  motions  be  post- 
poned. 

A  motion  was  then  made  by  Mr.  Hamilton,  second- 
ed by  Mr.  Gilman,  that  the  whole  be  committed.  And 
on  the  question  for  commitment,  the  yeas  and  nays 
being  required  by  Mr.  Howell — 


New  Hampshire, 
Massachusetts, 
Rhode  Island, 

Connecticut, 

New  York, 
New  Jersey 


Mr.  Gilman, 
Mr.  White, 

Mr.  Osgood, 
Mr.  Gorham, 

Mr.  Collins, 
Mr.  Arnold, 
Mr.  Howell, 

Mr.  Ellsworth, 
Mr.  Wolcott, 
Mr.  Dyer, 

Mr.  Floyd, 
Mr.  Hamilton, 

Mr.  Boudinot, 
Mr.  Elmer, 
Mr.  Condict, 


Ay.  i 

Ay. 
Ay. 

No. 
No. 
No. 

Ay. 
Ay. 

Ay.' 

Ay.) 
Ay.  I 

Ay. 

Ay 

Ay 


Ay. 


Ay. 


No. 


Ay. 


Ay. 


.(  Ay. 


236 


SECRET  JOURNAL. 


[Jan.  3+ 


Pennsylvania, 


Delaware, 

Maryland, 
North  Carolina, 

South  Carolina, 


Mr.  Mifflin,  Ay.^j 

Mr.  Fitzsimmons,  Ay. 
Mr.  Wilson,  Ay.  )>Ar. 

Mr.  Montgomery,  Ay.  j 


Mr.  Peters, 

Mr.  Dickinson, 
Mr.  Wharton, 

Mr.  Carroll, 

Mr.  Hawkins, 

Mr.  Nash, 


Ay.j 

Ay.) 
Ay.  J 

Ay.  >X 


Av. 


Ay. 
Ay. 


Ay. 


Mr.  Williamson,    Ay. 


Mr.  Rutledge, 
Mr.  Ramsay, 
Mr.  Izard, 
Mr.  Gervais, 


Ay.>| 
A7'  Wv. 

Ay. 1 

Ay.J 


So  it  was  resolved  in  the  affirmative. 

The  committee— Mr.  Gilman,  Mr.  Hamilton,  Mr. 
Ellsworth. 

A  motion  was  then  made  by  Mr.  Osgood,  seconded 
by  Mr.  Hamilton,  that  the  entry  of  this  proceeding 
be  made  on  the  secret  journal ;  and  on  the  question 
to  agree  to  this,  the  yeas  and  nays  being  required  by 
Mr.  Howell — 


New  Hampshire, 

Mr.  Gilman, 
Mr.  White, 

Ay.) 

Ay.\ 

Massachusetts, 

Mr.  Osgood, 
Mr.  Gorham, 

Ay.) 
Ay.  ] 

Rhode  Island, 

Mr.  Collins, 
Mr.  Arnold, 
Mr.  Howell, 

No.) 
No.V 
No.) 

At. 


Ay. 


No. 


1783.] 
Connecticut, 

New  York, 
New  Jersey, 

Pennsylvania, 

Delaware, 

Maryland, 
Virginia, 
North  Carolina, 

South  Carolina, 


DOMESTICK  AFFAIRS. 

Mr.  Ellsworth, 
Mr.  Wolcott, 
Mr.  Dyer, 

Mr.  Floyd, 
Mr.  Hamilton, 

Mr.  Boudinot, 
Mr.  Elmer, 
Mr.  Condict, 

Mr.  Mifflin, 
Mr.  Fitzsimmons, 
Mr.  Wilson, 
Mr.  Montgomery, 
Mr.  Peters, 

Mr.  Dickinson, 
Mr.  Wharton, 

Mr.  Carroll, 

Mr.  Madison, 

Mr.  Hawkins, 
Mr,  Nash, 
Mr.  Williamson, 
Mr.  Blount, 

Mr.  Rutledge, 
Mr.  Ramsay, 
Mr.  Izard, 
Mr.  Gervais, 


237 


tv- 


Ay. 

Ay. 

Ay.  ^Av. 
Ay.  I 
Ay.J 

Ay.<> 
Ay.  ),X 

Ay.  >x 

Ay.  f Ar' 

AyJ 
No.^j 

A^*    >DlVIDED, 

Ay.  f 
No.J 


So  it  was  resolved  in  the  affirmative. 


JANUARY  10,  1783. 

The  committee,  consisting  of  Mr.  Rutledge,  Mr.  Os- 
good, and  Mr.  Madison,  to  whom  was  referred  a  letter 


238  SECRET  JOURNAL.  [Jan.  17, 

of  January  9,  1783,  from  the  superintendent  of  finance, 
to  confer  with  him  thereon,  report — 

That  they  have  conferred  with  the  superintendent, 
who  communicated  to  them  the  subject  referred  to  in 
his  letter,  under  their  promise  of  secrecy  until  Con- 
gress shall  direct  them  to  communicate  the  same  to 
them ;  and  request  the  sense  of  Congress  whether  the 
committee  shall  now  make  such  communication : 
Whereupon, 

Ordered,  That  the  committee  make  the  communi- 
cation. 

The  committee  then  informed  Congress,  that  he  has 
been  under  the  necessity  of  drawing  bills  to  an  amount 
beyond  the  known  funds  procured  in  Europe,  owing 
to  sundry  large  sums  which  were  not  known  to  him, 
or  not  taken  into  his  estimates,  having  been  paid  out  of 
the  sums  obtained  :  Whereupon, 

Resolved  unanimously,  That  the  superintendent  of 
finance  be  and  he  is  hereby  authorized  to  draw  bills 
of  exchange,  from  lime  to  time,  according  to  his  dis- 
cretion upon  the  credit  of  the  loans  which  the  ministers 
of  the  United  Stales  have  been  instructed  to  procure  in 
Europe,  for  such  sums,  not  exceeding  the  amount  of 
the  money  directed  to  be  borrowed,  as  the  publick  ser- 
vice may  require. 

Resolved  unanimously,  That  the  whole  of  this  mat- 
ter be  kept  secret. 

JANUARY  17,  1733. 

The  committee,  consisting  of  Mr.  Gorham,  Mr.  Pe- 
ters, and  Mr.  Izard,  appointed  on  a  motion  of  Mr. 


1783.]  DOMESTICK  AFFAIRS.  239 

Peters,  to  consider  and  report  to  Congress  the  pro- 
priety of  attempting  farther  loans  in  Europe,  report — 

That  they  conferred  with  the  superintendent  of 
finance,  and  fully  informed  themselves  of  the  situation 
of  the  applications  for  foreign  loans,  which  if  complied 
with  would  be  fully  sufficient  for  the  purposes  to  which 
those  loans  were  intended  to  be  applied  :  but  from  the 
small  prospect  there  seems  to  be  of  obtaining  the  mo- 
neys already  directed  to  be  borrowed,  it  appears  not 
only  hopeless,  but  embarrassing  to  the  business  already 
in  train,  to  attempt  farther  loans  until  solid  funds  are 
put  into  the  hands  of  Congress  in  support  of  the  na- 
tional faith  and  credit ;  the  committee  therefore  re- 
port, That  it  is  at  present  inexpedient  to  take  any 
farther  order  on  the  said  motion. 

Resolved,  That  Congress  agree  to  the  said  report. 

FEBRUARY  20,  1783. 

On  the  report  of  a  committee,  consisting  of  Mr.  Ha- 
milton, Mr.  Peters,  Mr.  Bland,  Mr.  Rutledge,  and  Mr. 
Mifflin,  to  whom  was  referred  a  letter  of  30th  January 
last,  from  the  commander  in  chief — 

Resolved,  That  the  commander  in  chief  be  informed 
that  Congress,  always  happy  to  receive  his  sentiments 
either  on  the  political  or  military  affairs  of  these 
states,  the  utility  of  which  they  have  upon  so  many 
occasions  experienced,  have  paid  all  the  attention  to 
his  letter  of  the  30th  of  January  which  the  importance 
of  it  demands. 

That  should  the  war  continue  another  campaign, 
every  motive  of  policy  and  economy  would  operate  in 


240  SECRET  JOURNAL.  [Oct.  15, 

favour  of  the  enterprise  suggested ;  but  that  such  are 
the  present  situation  and  prospects  of  these  states, 
that  it  would  be  inexpedient  at  this  time  to  determine 
upon  the  plan,  or  to  enter  upon  the  expensive  prepa- 
rations which  it  would  require. 

That  the  official  accounts  received  by  Congress  cor- 
responding with  other  intelligence,  afford  appearances 
of  an  approaching  peace. 

Ordered,  That  the  secretary  for  foreign  affairs 
make  a  confidential  communication  to  the  commander 
in  chief  of  the  state  of  the  negotiations  for  peace,  when 
the  last  advices  were  received. 

OCTOBER  15,  1733. 

After  the  resolution  for  holding  a  convention  with  the 
Indians  in  the  northern  and  middle  departments,  it  was 
resolved  as  follows : 

That  first,  and  as  a  preliminary,  it  shall  be  required 
that  all  prisoners  of  whatever  age  or  sex  among  these 
Indians  shall  be  delivered  up. 

Secondly,  That  the  Indians  be  informed  that  after  a 
contest  of  eight  years  for  the  sovereignty  of  this  coun- 
try, Great  Britain  has  relinquished  to  the  United 
States  all  claim  to  the  country  within  the  limits  de- 
scribed by  the  second  article  of  the  provisional  treaty 
between  the  United  States  and  the  king  of  Great  Bri- 
tain, on  the  thirtieth  day  of  November,  in  the  year 
1782 — that  is  to  say — From  the  north-west  angle  of 
Nova  Scotia,  viz.  that  angle  which  is  formed  by  a  line 
drawn  due  north  from  the  source  of  Saint  Croix  river 
•o  the  highlands,  along  the  said  highlands  which  divide 


1783.]  DOMESTICK  AFFAIRS.  241 

those  rivers  that  empty  themselves  into  the  river  Saint 
Lawrence  from  those  which  fall  into  the  Atlantic  ocean. 
to  the  north-westernmost  head  of  Connecticut  river: 
thence  clown  along  the  middle  of  that  river  to  the  forty- 
fifth  degree  of  north  latitude  ;  from  thence  by  a  line 
due  west  on  said  latitude,  until  it  strikes  the  river  Tro- 
quois,  or  Cataraqui ;  thence  along  the  middle  of  said 
river  into  lake  Ontario,  through  the  middle  of  said 
lake  until  it  strikes  the  communication  by  waler  be- 
tween that  lake  and  lake  Erie  ;  thence  along  the  mid- 
dle of  said  communication  into  lake  Erie,  through  the 
middle  of  said  lake  until  it  arrives  at  the  water  com- 
munication between  that  lake  and  lake  Huron  ;  thence 
along  the  middle  of  said  water  communication  into 
lake  Huron;  thence  through  the  middle  of  the  said 
lake  to  the  water  communication  between  that  lake  and 
lake  Superior;  thence  through  lake  Superior  north- 
ward of  the  isles  Royal  and  Philipeaux  to  the  Long 
Lake  ;  thence  through  the  middle  of  said  Long  Lake, 
and  the  water  communication  between  it  and  the  lake 
of  the  Woods,  to  the  said  lake  of  the  Woods;  thence 
through  the  said  lake  to  the  most  north-western  point 
thereof;  and  from  thence  on  a  due  west  course  to  the 
river  Mississippi  ;  thence  by  a  line  to  be  drawn  along 
the  middle  of  the  said  river  Mississippi  until  it  shall 
intersect  the  northernmost  part  of  the  thirty-first  de- 
gree of  north  latitude ;  south  by  a  line  to  be  drawn 
due  east  from  the  determination  of  the  line  last  men- 
tioned in  the  latitude  of  thirty-one  degrees  north  of 
the  equator,  to  the  middle  of  the  river  Apalachicola, 
or  Catahouche  ;  thence  along  the  middle  thereof  to  its 
junction  with  the  Flint  river  :  thence  strait  to  the  head 
vol.  i,  31 


J4J  SECRET  JOURNAL.  [Oct.  15, 

of  St.  Mary's  river;  and  thence  down  along  the  middle 
of  St.  Mary's  river  to  the  Atlantic  ocean;  east,  by  a 
line  to  be  drawn  along  the  middle  of  the  river  St. 
Croix  from  its  mouth  in  the  bay  of  Fundy  to  its  source ; 
and  from  its  source  directly  north  to  the  aforesaid 
highlands,  which  divide  the  rivers  that  fall  into  the 
Atlantic  ocean  from  those  which  fall  into  the  river  St. 
Lawrence; — comprehending  all  islands  within  twenty- 
leagues  of  any  part  of  the  shores  of  the  United  States, 
and  lying  between  lines  to  be  drawn  due  east  from  the 
points  where  the  aforesaid  boundaries  between  Nova 
Scotia  on  the  one  part,  and  East  Florida  on  the  other, 
shall  respectively  touch  the  bay  of  Fundy  and  the  At- 
lantic ocean,  excepting  such  islands  as  now  are  or 
heretofore  have  been,  within  the  limits  of  the  said  pro- 
vince of  Nova  Scotia. 

Thirdly,  That  as  the  Indians,  notwithstanding  a  so- 
lemn treaty  of  neutrality  with  Congress  at  the  com- 
mencement of  the  war,  notwithstanding  all  the  advice 
and  admonition  given  them  during  its  prosecution, 
could  not  be  restrained  from  acts  of  hostility  and  wan- 
ton devastation,  but  were  determined  to  join  their  arms 
to  those  of  Great  Britain,  and  to  share  their  fortunes, 
so  consequently  with  a  less  generous  people  than  Ame- 
ricans, they  might  be  compelled  to  retire  beyond  the 
lakes  ;  but  as  we  prefer  clemency  to  rigour,  as  we  per- 
suade ourselves  that  their  eyes  are  open  to  their  errour. 
and  that  they  have  found  by  fatal  experience  that 
their  true  interest  and  safety  must  depend  upon  our 
friendship;  as  the  country  is  large  enough  to  contain, 
and  support  us  all,  and  as  we  are  disposed  to  be  kind 
lo  them,  to  supply  their  wants,  and  to  partake  of  their 


i733.j  DOMESTICK  AFFAIRS.  M 

trade,  we,  from  these  considerations,  and  from  motives 
of  compassion,  draw  a  veil  over  what  is  passed,  and 
will  establish  a  boundary  lino  between  them  and  us, 
beyond  which  we  will  restrain  our  citizens  from  hunt- 
ing and  settling,  and  within  whicli  the  Indians  shall 
not  come,  but  for  the  purpose  of  trading,  treating,  or 
other  business  equally  unexceptionable. 

Fourthly,  That  the  following  lines  shall  be  propos- 
ed to  be  mutually  agreed  upon  and  established  be- 
tween the  United  States  and  the  several  tribes  of  In- 
dians who  shall  be  affected  thereby  ;  beginning  at  the 
mouth  of  the  Great  Miami  river,  which  empties  into 
the  Ohio  ;  thence  along  the  said  river  Miami  to  its 
conlluence  with  the  Mad  river  ;  thence  by  a  direct 
line  to  the  Miami  fort  at  the  village  of  that  name  on 
the  other  Miami  river  which  empties  into  lake  Erie  ; 
thence  along  the  last  mentioned  river  to  lake  Erie,  com- 
prehending all  the  lands  between  the  abovementioned 
lines  and  the  state  of  Pennsylvania  on  the  east,  lake 
Erie  on  the  north,  and  the  river  Ohio  on  the  south-east. 

Fifthly,  That  the  commissioners  for  the  northern 
and  middle  departments,  or  such  other  persons  as  may 
be  appointed  by  Congress,  unite  together  in  holding 
one  convention  with  the  Indians  inhabiting  the  districts 
aforesaid,  and  their  allies  and  dependents,  for  the  pur- 
poses aforesaid  ;  and  only  yield  to  separate  conven- 
tions in  case  of  inevitable  necessity. 

Sixthly,  And  whereas  the  Oneida  and  Tuscarora 
tribes  have  adhered  to  the  cause  of  America,  and 
joined  her  arms  in  the  course  of  the  late  war,  and 
Congress  have  frequently  assured  them  of  peculiar 
marks  of  favour  and  friendship,  the  said  commissio- 


244  SECRET  JOURNAL.  [Oct.  15, 

ners  are  therefore  instructed  to  reassure  the  said  tribes 
of  the  friendship  of  the  United  States,  and  that  they 
may  rely  that  the  land  which  they  claim  as  their  in- 
heritance will  be  reserved  for  their  sole  use  and  bene- 
fit, until  they  may  think  it  for  their  own  advantage  to 
dispose  of  the  same. 

Seventhly,  That  the  said  commissioners  be  and 
they  are  hereby  instructed  to  obtain  a  particular  ac- 
count of  the  French  inhabitants  of  Detroit,  Illinois, 
and  other  villages  within  the  territories  of  the  United 
States;  and  that  they  give  assurances  in  the  name  of 
the  United  States  to  those  inhabitants  who  shall  pro- 
fess their  allegiance  to  the  United  States,  that  they 
shall  be  protected  in  the  full  enjoyment  of  their  liber- 
ty and  their  just  and  lawful  property. 

Eighthly,  That  the  said  commissioners  be  and  they 
are  hereby  instructed  not  to  admit  into  a  treaty  with 
the  said  Indians,  or  suffer  to  be  in  any  manner  con- 
nected with  it,  any  article,  stipulation,  or  condition 
whatsoever,  making  or  confirming,  or  tending  to  make 
or  confirm,  to  any  individual,  or  individuals,  any  grant 
or  grants  of  land,  whether  real  or  pretended,  within 
the  bounds  of  the   United  Slates  as  before  described. 

Ninthly,  That  the  said  commissioners  be  and  they 
are  hereby  also  instructed  to  obtain  information  of  the 
number  and  places  of  residence  of  the  citizens  of  the 
United  States  who  have  seated  themselves  on  the  north- 
west side  of  the  Ohio  ;  to  signify  to  them  the  displea- 
sure of  Congress  that  they  have  taken  this  step  with 
which  the  publick  interest  and  repose  are  so  intimately 
connected,  without  permission  or  authority,  and  to  dis- 
courage, to  the  utmost  of  their  power,  all  intrusions 


1783.]  D0ME9TICK  AFFAIRS.  tiAj 

into  any  of  the  territories  of  the  United  States  within 
their  respective  departments. 


DECEMBER  22,  1783. 

On  the  report  of  a  committee,  consisting  of  Mr. 
JerTWson,  Mr.  Gerry,  and  Mr.  M'Henry,  appointed  to 
make  the  necessary  arrangements  for  ihe  publick  au- 
dience of  general  Washington — 

Resolved,  That  the  order  for  the  publick  audience 
of  general  Washington  be  as  follows  : 

1.  The  President  and  members  are  to  be  seated  and 
covered,  and  the  Secretary  to  be  standing  by  the  side 
of  the  President. 

2d.  The  arrival  of  the  General  is  to  be  announced 
by  the  messenger  to  the  Secretary,  who  is  thereupon  to 
introduce  the  General,  attended  by  his  aids,  to  the  hall 
of  Congress. 

3d.  The  General,  being  conducted  to  a  chair  by  the 
Secretary,  is  to  be  seated  with  an  aid  on  each  side 
standing,  and  the  Secretary  is  to  resume  his  place. 

4th.  After  a  proper  time  for  the  arrangement  of 
Spectators,  silence  is  to  be  ordered  by  the  Secretary, 
if  necessary,  and  the  President  is  to  address  the  Gene- 
ral in  the  following  words  : 

"sir, 
"  The  United  States  in  Congress  assembled  are  pre- 
"  pared  to  receive  your  communications  :" 

Whereupon  the  General  is  to  arise,  and  address 
Congress.  After  which  he  is  to  deliver  his  commission 
and  a  copy  of  his  address  to  the  President. 


246  SECRET  JOURNAL.  [March  ly, 

5th.  The  General,  having  resumed  his  place,  the 
President  is  to  deliver  the  answer  of  Congress,  which 
the  General  is  to  receive  standing. 

6th.  The  President  having  finished,  the  Secretary  is 
to  deliver  the  General  a  copy  of  the  answer.  The  Ge- 
neral is  then  to  take  his  leave. 

When  the  General  rises  to  make  his  address,  and 
also  when  he  retires,  he  is  to  bow  to  Congress,  which 
they  are  to  return  by  uncovering  without  bowing. 

MARCH  19,    1784. 

On  the  report  of  a  committee,  consisting  of  Mr.  Jef- 
ferson, Mr.  Howell,  and  Mr.  Williamson,  to  whom  were 
referred  the  fourth  and  fifth  of  the  instructions  of  the 
15th  of  October,  1783,  to  the  commissioners  for  nego- 
tiating with  the  Indians — 

Resolved,  That  the  said  fourth  and  fifth  articles  of 
the  instructions  of  the  15th  of  October,  1783,  to  the 
commissioners  for  negotiating  with  the  Indians,  be  and 
they  are  repealed  ;  and  in  lieu  thereof  the  following 
be  substituted  : 

Fourthly,  That  a  meridian  line  passing  through  the 
lowest  point  of  the  rapids  of  Ohio  to  the  northern 
boundary  of  these  United  States  shall  be  proposed  as 
the  line  of  division  between  the  several  Indian  tribes 
and  these  states;  so  that  all  the  lands  comprehended 
between  the  said  boundary  on  the  north,  the  Ohio  on 
the  south,  the  said  meridian  on  the  west,  and  Penn- 
sylvania on  the  east,  or  so  much  thereof  as  the  tribes 
having  title  thereto  may  be  induced  to  part  with,  shall 
be  ceded  to  the  United  States  ;  and  possession  thereof. 


1784.]  DOMESTICK  AFFAIRS.  247 

or  of  any  parts  thereof,  be  given  to  the  United  States 
at  such  times  as  may  be  agreed  upon  in  the  troaty. 

Fifthly,  The  said  commissioners  are  instructed,  as 
far  as  they  shall  find  it  convenient,  to  treat  with  the 
several  nations  at  different  times  and  places;  and 
where  necessity  shall  oblige  them  to  bring  two  or  more 
nations  together,  that  they  still  keep  their  treaties  and 
conferences  as  distinct  as  may  be.  That  they  counte- 
nance every  disposition  in  any  one  of  the  Six  Nations 
to  treat  and  act  separately  and  independently  ;  and 
that  in  general  they  discourage  every  coalition  and 
consultation  which  might  tend  to  involve  any  one  na- 
tion in  the  wars  of  the  others. 

MARCH  30,    1784. 

The  grand  committee,  consisting  of  Mr.  Jefferson, 
Mr.  Blanchard,  Mr.  Gerry,  Mr.  Howell,  Mr.  Sherman, 
Mr.  De  Witt,  Mr.  Dick,  Mr.  Hand,  Mr.  Stone,  Mr. 
Williamson,  and  Mr.  Read,  to  whom  was  referred  a 
letter  of  the  19th  March,  1784,  from  the  superinten- 
dant  of  finance,  with  sundry  papers  enclosed,  and 
who  were  instructed  to  revise  the  institution  of  the 
treasury  department,  and  report  such  alterations  as 
they  may  think  necessary,  reported  the  draft  of  a  cir- 
cular letter  to  the  supreme  executives  of  the  several 
states,  which  was  agreed  to  as  follows  : 

[circular.] 
sir, 

The  subject  of  this  address  claims  the  attention  of 

your  excellency  on  the   principle  of  the  most,  urgent 

necessity. 


24*  SECRET  JOURNAL.  (March  30, 

The  state  of  our  finances  is  such  as  to  require  the 
united  efforts  of  Congress  and  of  the  several  states, 
for  obtaining  immediately  a  supply  of  money  to  pre- 
vent the  loss   of  publick  credit. 

When  the  army  were  furloughcd,  they  had  the  pro- 
mise of  three  months  pay  ;  and  as  there  was  not 
money  in  the  treasury,  the  superintendent  of  finance  was 
under  the  necessity  of  issuing  his  notes  to  discharge 
this  and  other  demands.  The  notes  becoming  due, 
part  of  them  were  redeemed  with  money  supplied  by 
the  several  states  ;  but  this  being  inadequate,  the  finan- 
cier drew  bills  on  Holland  for  the  deficiency.  A  con- 
siderable proportion  of  these  drafts  have  been  paid  by 
loans  obtained  there  on  the  credit  of  the  United  States. 
But  the  letters  from  our  bankers  to  the  superintendent 
of  finance  inform,  that  they  had  been  under  the  ne- 
cessity for  the  want  of  funds  to  suffer  so  many  of  his 
bills  to  be  protested  for  non-acceptance  as,  with  the 
damages  on  protest  in  case  of  non-payment,  will  amount 
to  the  sum  of  six  hundred  and  thirty-six  thousand  dol- 
lars. 

We  expect  the  return  of  these  bills  under  a  protest 
for  non-payment ;  and  should  there  not  be  money  in 
the  treasury  of  the  United  Stales  to  discharge  them, 
your  excellency  may  easily  conceive  the  deplorable 
consequences. 

Under  such  circumstances  Congress  think  it  their 
duty  to  communicate  the  matter  confidentially  to  the 
supreme  executive  of  each  state,  and  to  request  in  the 
most  pressing  terms  their  influence  and  exertion  to  fur- 
nish with  all  possible  despatch,  on  requisitions  unsatis- 


1784.]  DOMESTICK  AFFAIRS.  24J» 

fied,  their  respective  quotas  of  the   sum  mentioned  ac- 
cording to  the  apportionment  herewith  transmitted. 

I  shall  only  add,  sir,  that  Congresa  rely  on  your 
wisdom  for  accomplishing  their  views  with  as  much 
despatch  as  possible,  and  that  the  estimates  and  requi- 
sitions for  the  year  will  be  soon  transmitted  to  your 
excellency. 

I  am,  &c. 

(To  be  signed  by  the  President.) 

The  apportionment  of  the  six  hundred  and  thirty- 
six  thousand  dollars  is  as  follows  : 

New  Hampshire      -           -  22,348 

Massachusetts         ...  95,157 

Rhode  Island           -           -  13,703 

Connecticut         ...  56,007 

New  York             -        -         -  54,375 

New  Jersey                   *  35,344 

Pennsylvania         ...  87,000 

Delaware         ....  9,516 

Maryland           ...  60,003 
Virginia               -           -         -     108,750 

North  Carolina         -          -  46,218 


South  Carolina  -         -         40,782 

Georgia  -  -         -  6,797 


636,000 


APRIL  16,  1784. 


On  the  report  of  a  committee,  consisting  of  Mr.  Hand, 
Mr.  Williamson,  and  Mr.  Howell,  to  whom  was  refer- 
red a  motion  of  Mr.  Hand — 
vol.  I.  32 


^0  SECRET  JOURNAL.  [Jan.  20, 

Resolved,  Thai  the  commissioners  for  treating  with 
the  Indian  nations  be  informed,  that  as  Congress  are  de- 
sirous of  having  that  important  business  effected  with  the 
utmost  despatch,  and  at  as  little  expense  as  possible, 
the  fifth  article  of  their  instructions,  so  far  as  it  enjoins 
the  holding  of  separate  and  distinct  treaties  with  the 
several  nations,  is  dispensed  with  ;  and  that  they  the 
said  commissioners  are  hereby  authorized  to  treat  with 
the  said  several  nations  of  Indians  collectively,  or  at 
different  times  and  places,  as  they  shall  find  most 
conducive  to  the  interest  of  the  United  States. 


APRIL  22,  1784. 

Resolved,  That  as  the  command  of  the  legion  did 
not  devolve  on  colonel  Ternant  upon  the  promotion  of 
general  Armand,  he  be  not  entitled  to  any  other  pay 
or  commutation  than  that  to  which  he  was  entitled  as 
lieutenant  colonel  in  the  said  corps. 

JANUARY  20,  1785. 

On  the  report  of  a  committee,  consisting  of  Mr.  Mon- 
roe, Mr.  Piatt,  Mr.  Read,  Mr.  Hardy,  and  Mr. 
Spaight,  to  whom  were  referred  a  letter  of  third  No- 
vember, 1784,  from  the  honourable  John  Adams,  and 
a  letter  of  the  11th  of  the  same  month  from  the  ho- 
nourable John  Adams,  Benjamin  Franklin,  and 
Thomas  Jefferson — 

Resolved,  That  the  paragraph  in  the  joint  letter  re- 
specting the  communications  they  have  received  from 
the  count  de  Vergennes  upon  the  subject  of  the  Dutch 


1705.]  DOMESTICK  AFFAIRS.  2.51 

loans  guarantied  by  France,  and  the  particular  loans 
of  France,  as  also  the  paragraph  respecting  the  letter 
of  Mr.  le  Grand  to  Mr.  Franklin,  and  the  letter  ot 
Mr.  Adams,  be  transmitted  to  the  several  executives, 
and  that  they  be  requested  to  lay  them  before  their 
respective  legislatures,  for  their  information  upon  the 
subjects  on  which  they  treat,  under  injunctions  of  se- 
crecy. 

SEPTEMBER  7,  1785. 

On  motion  of  Mr.  Pinckney — 

Resolved,  That  whenever  it  shall  appear  to  the  Sec- 
retary  of  the  United  States  of  America  for  the  depart- 
ment of  foreign  affairs,  that  their  safety  or  interest  re- 
quire the  inspection  of  any  letters  in  any  of  the  post- 
offices,  he  be  authorized  and  empowered  to  inspect  the 
said  letters,  excepting  from  the  operation  of  this  reso- 
lution, which  is  to  continue  for  the  term  of  twelve 
months,  all  letters  franked  by,  or  addressed  to,  mem- 
bers of  Congress. 

SEPTEMBER  29,  1786. 

On  motion  of  Mr.  Houston,  seconded  by  Mr.  Lee — 
Resolved,  That  the  secretary  at  war  be  and  hereby 
is  authorized  and  directed  forthwith  to  repair  to  Spring- 
field, in  the  state  of  Massachusetts,  and  to  take  such 
measures  as  may  be  necessary  for  the  protection  and 
safety  of  the  federal  magazine  in  that  place. 

On  the  question  to  agree  to  this,  the  yeas  and  nays. 
being  required  by  Mr.  Pinckney — 


252 

Massachusetts, 

Rhode  Island, 

Connecticut, 
New  Jersey, 

Pennsylvania, 

Maryland, 

Virginia, 


SECRET  JOURNAL. 

3Ir.  Gorham, 
Mr.  King, 
Mr.  Dane, 

Mr.  Manning, 
Mr.  Miller, 


[Oct.  21. 


Ay. 


Ay:\^ 


Av 

Ay 
Ay 


iJ:]A*- 


Mr.  Johnson, 
Mr.  Sturges, 

Mr.  Cadwallader,  Ay.  ) 
Mr.  Symmes,         No.  >  Av. 
Mr.  Hornblower,  Ay.} 


Mr.  Pettit, 
Mr.  St.  Clair, 

Mr.  Henry, 
Mr.  Ramsay, 


Ay. 

Ay. 


Ay. 


Ay- 1  av 


Mr.  Monroe,  Ay.  ) 

Mr.  Carrington,     Ay.y  Ay. 
Mr.  Lee,  Ay.  ) 


Mr.  Bloodworth,    No.  )  ^ 

Mr.  White,  .         Ay.  \  DlvIDED- 


North  Carolina, 
South  Carolina, 
Georgia, 
So  it  was  resolved  in  the  affirmative. 


Mr.  Pinckney, 
Mr.  Parker, 

Mr.  Houstoun, 
Mr.  Few, 


No. 
Ay 


:\ 


Divided. 


Ay#  X  Ay 


OCTOBER  21,  1786. 

Present,  Massachusetts,  Rhode  Island,  Connecticut, 
New  York,  New  Jersey,  Pennsylvania,  Maryland,  Vir- 
ginia, South  Carolina,  and  Georgia. 


1786.J  DOMESTICK  AFFAIRS.  SH 

The  committee,  consisting  of  Mr.  Pettit,  Mr.  Lee, 
Mr.  Pinckney,  Mr.  Henry,  and  Mr.  Smith,  to  whom 
were  referred  a  letter  from  the  war  office,  with  the 
papers  enclosed,  containing  intelligence  of  the  hostile 
movements  of  the  Indians  in  the  western  country,  and 
a  letter  of  the  18th  inst.  from  the  secretary  at  war, 
suggesting  the  imminent  danger  of  the  publick  stores 
deposited  in  the  arsenal  at  Springfield,  in  the  state  of 
Massachusetts,  from  the  insurrections  and  disorders 
prevailing  in  that  state,  having  reported — 

That  from  the  facts  stated  in  the  said  letter  from  the 
secretary  of  war,  and  other  authentick  information,  it 
appears  that  a  dangerous  insurrection  has  taken  place 
in  divers  parts  of  the  state  of  Massachusetts,  which  is 
rapidly  extending  its  influence  ;  that  the  insurgents 
have  already,  by  force  of  arms,  suppressed  the  ad- 
ministration of  justice  in  several  counties  ;  that 
though  the  legislature  of  the  said  state  is  now  in  ses- 
sion, yet  from  the  circumstances  attending  it,  it  would 
undoubtedly  defeat  the  object  of  the  federal  interposi- 
tion, should  a  formal  application  for  the  same  be  made; 
that  nevertheless  it  appears  to  the  committee  that  the 
aid  of  the  federal  government  is  necessary  to  stop  the 
progress  of  the  insurgents,  and  that  there  is  the  greatest 
reason  to  believe  that  unless  speedy  and  effectual 
measures  shall  be  taken  to  defeat  their  designs,  they 
will  possess  themselves  of  the  arsenal  at  Springfield, 
subvert  the  government,  and  not  only  reduce  that 
commonwealth  to  a  state  of  anarchy  and  confusion, 
but  probably  involve  the  United  States  in  the  calami- 
ties of  a  civil  war.  Under  such  circumstances,  the 
committee  conceive    that  the   United  States   are    not 


254  fcECRET JOURNAL.  [Oct.  21, 1786, 

only  bound  by  the  confederation  and  good  faith,  but. 
strongly  prompted  by  friendship,  affection,  and  sound 
policy,  to  be  prepared  to  extend  such  aid  to  the  state 
of  Massachusetts  as  may  be  necessary  to  restore  the 
government  to  the  full  exercise  of  its  constitutional 
authority,  and  to  afford  protection  to  the  important 
publick  stores  deposited  within  that  state.  For  these 
purposes  the  committee  think  it  proper  that  a  body  of 
troops  should  be  be  immediately  raised  under  the  au- 
thority of  the  United  States;  but  as  it  is  not  expedient 
that  these  causes  should  be  publickly  assigned  for  the 
raising  of  such  troops,  especially  as  the  other  matters 
referred  to  the  consideration  of  the  committee  afford 
sufficient  ground  to  authorize  the  measure,  they  have 
thought  it  proper  in  a  separate  report  on  the  intelli- 
gence received  from  the  western  country,  to  recom- 
mend the  augmentation  of  the  troops  in  the  service  of 
the  United  States.  And  as  these  troops  are  proposed 
to  be  raised  chiefly  in  the  eastern  states,  they  may 
probably  effect  these  salutary  purposes  before  they 
are  moved  to  the  western  country. 

Resolved,  unanimously,  That  Congress  agree  to  the 
said  report. 

Resolved,  unanimously,  That  although  the  present 
condition  of  Massachusetts  demand  immediate  prepa- 
ratory arrangements  for  the  interposition  of  the  union 
when  called  for,  and  the  happiness  of  the  United 
States  require  the  adoption  of  measures  calculated  to 
crush  the  insurrection  in  that  state,  still  in  the  present 
embarrassments  of  the  federal  finance,  Congress  would 
not  hazard  the  perilous  step  of  putting  arms  into  the 
hands  of  men   whose  fidelity  must  in  some  degree  de- 


Feb.  1787.]  DOMESTICK  AFFAIRS.  :,: 

pend  on  the  faithful  payment  of  their  wages,  had  they 
not  the  fullest  confidence,  from  authentick  and  respec- 
table information,  of  the  most  liberal  exertions  of  the 
money  holders  in  the  state  of  Massachusetts  and  the 
other  states  in  filling  the  loans  authorized  by  the  re- 
solve of  this  date. 


OCTOBER  23,  1786. 

Present,  Massachusetts,  Rhode  Island,  Connecticut, 
New  York,  New  Jersey,  Pennsylvania,  South  Caroli- 
na, and  Georgia,  and  from  Maryland,  Mr.  Ramsay, 
from  Virginia,  Mr.  Lee. 

Resolved,  unanimously,  That  whenever  it  shall 
appear  to  the  Secretary  of  the  United  States  of  Ame- 
rica for  the  department  of  foreign  affairs  that  their 
safety  or  interest  require  the  inspection  of  any  letters 
in  any  of  the  postoffices,  he  be  authorized  and  em- 
powered to  inspect  the  said  letters,  excepting  from  the 
operation  of  this  resolution,  all  letters  franked  by,  or 
addressed  to,  members  of  Congress. 

FEBRUARY  16,  1787. 

Congress  being  assembled,  present,  Massachusetts, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Virginia,  North  Carolina,  South  Carolina,  and  Geor- 
gia, and  from  R.  Island,  Mr.  Varnum,  and  from  Mary- 
land, Mr.  Forrest. 

The  committee,  consisting  of  Mr.  Pinckney,  Mr. 
Madison,  Mr.  King,  Mr.  Johnson,  and  Mr.  Bingham, 
to  whom  was   referred  a  motion  for  directing  the  sec- 


036  SECRET  JOURNAL.  [Feb.  16, 

retary  at  war  to  issue  instructions  immediately  to  the 
officers  in  the  recruiting  service  to  suspend  any  future 
enlistments  of  troops  under  the  resolutions  of  Congress 
of  the  20th  October,  1786,  until  the  farther  direction 
of  Congress,  having  reported — 

"  That  in  their  opinion  the  present  situation  and 
"  circumstances  of  the  United  States  make  it  prudent  to 
"  postpone  for  a  short  time  a  decision  on  the  subject 
"  which  has  been  referred  to  them  :"  and  this  report 
having  been  made  the  order,  was  called  for  by  the 
state  of  South  Carolina  ;  and  being  under  debate,  a 
motion  was  made  by  Mr.  Pinckney,  seconded  by  Mr. 
Few,  That  the  farther  consideration  of  the  report  be 
postponed  in  order  to  take  up  the  following  proposi- 
tion, namely, 

"  Whereas  neither  the  requisition  of  the  21st  of  Oc- 
"  tober,  1786,  nor  the  loans  which  the  board  of  treasu- 
"  ry  were  directed  to  make  in  consequence  thereof  for 
"  paying  and  subsisting  the  troops  directed  to  be  raised 
"  by  the  resolutions  of  the  20th  of  October  last,  have 
"  yielded  the  sums  expected  from  the  same,  and  on  the. 
"  prospect  of  obtaining  which  the  additional  number  of 
"  one  thousand  three  hundred  and  forty  men  were  alone 
li  determined  to  be  raised  ;  and  as  the  present  critical 
"and  embarrassed  situation  of  the  funds  of  the  United 
"  States  is  such  as  not  to  permit  the  raising  and  equip- 
"  ping  the  whole  number  of  troops  mentioned  in  the 
"  said  resolutions  without  interfering  with  the  more 
*'  necessary  and  important  purposes  of  collecting  sup- 
"  plies  for  the  maintenance  of  the  civil  list  and  the 
"  contingencies  of  the  federal  government,  the  pay- 
*'  ment  of  the  interest  and  such  parts  of  the  capital 


1787.]  DOMESTICK  AFFAIRS.  257 

"  as  are  and  will  hecome  due  on  the  foreign  loans  j 
"  and  as  it  would  be  highly  dangerous  and  irnpolitick 
w  either  to  apply  the  sums  appropriated  to  these  pur- 
"  poses  to  the  maintenance  of  an  additional  military 
"establishment  in  itself  not  necessary  to  the  full  ex- 
tent, or  to  place  arms  in  the  hands  of  a  body  of  dis- 
"  ciplined  troops  for  whose  pay  and  subsistence  the 
"United  States  are  not  at  present  nor  will  soon  pro- 
"  bably  be  in   a  situation  to  provide  :  Therefore, 

"Resolved,  That  the  secretary  at  war  be  and  he  is 
"  hereby  ordered  to  issue  immediate  instructions  to 
"  the  officers  in  the  recruiting  service  to  suspend  any 
"  future  enlistments  under  the  resolutions  of  the  20th 
"  of  October  until  the  farther  direction  of  Congress, 
"  except  so  far  as  to  complete  the  corps  now  in  service 
"on  the  Ohio  or  its  neighbourhood  to  the  number  of 
"  non-commissioned  officers  and  privates  ; 

"  that  he  direct  the  troops  already  raised,  with  a  suita- 
"  ble  proportion  of  commissioned  officers,  to  rendez- 
"  vous  at  ;   and  that  he  report  to  Congress 

"  the  arrangements  necessary  for  completing  the  said 
"  corps,  and  for  discharging  the  officers  who  may  have 
"  been  commissioned  but  whose  services  are  by  this 
"  reduction  rendered  unnecessary." 

On  the  question  to  postpone  for  the  purpose  above 
mentioned,  the  yeas  and  nays  being  required  by  Mr. 
Pinckney — 

Massachusetts,  Mr.  King,  No.  ^  N 

Mr.  Dane,  No.  S 

Rhode  Island,  Mr.  Varnum,         No.  >X 

voIm  i.  S3 


268 

Connecticut, 
New  York, 
New  Jersey, 

Pennsylvania, 

Maryland, 
Virginia, 

North  Carolina, 

South  Carolina, 


SECRET  JOURNAL. 

Mr.  Johnson, 
Mr.  S.M.Mitchell 

Mr.  Smith, 
Mr.  Benson, 


[Feb.  16. 


Georgia, 


No.) 
,No.J 

No.) 
No.  ( 


No. 


Mr.  Cadwallader,  Ay.} 
Mr.  Clarke,  Ay.>  Ay. 

Mr.  Scheurman,     Ay.) 


Mr.  Irvine, 
Mr.  Meredith, 
Mr.  Bingham, 

Mr.  Forrest, 

Mr.  Grayson, 
Mr.  Madison, 

Mr.  Blount, 
Mr.  Hawkins, 

Mr.  Bull, 
Mr.  Pinckney, 
Mr.  Kean, 
Mr.  Huger, 
Mr.  Parker, 

Mr.  Few, 
Mr.  Pierce, 


Ay. 

Ay. 

Ay. 


At. 


No.  >No. 
N£  i  Divided. 

A^  I  Ay 

Ay.-| 

Ay. 

Av.  VAy. 

Ay. 

Ay.  J 


Ay.) 

Ay.  $ 


Ay. 


So  the  question  was  lost. 

On  motion  of  Mr.  Madison,  seconded  by  Mr.  King. 

Ordered,  That  this  be  under  the  injunction  of  se- 
crecy for  two  months. 

Ordered,  That  the  consideration  of  the  report  be 
postponed. 


1787.)  DOMESTICK  AFFAIRS.  MO 


OCTOBER   13,   1787. 

On  a  report  of  the  secretary  at  war,  to  whom  was 
referred  an  extract  ol  a  report  of  the  secretary  lor 
foreign  affairs  on  the  case  of  John  Sullivan — 

Whereas  a  certain  John  Sullivan,  styling  himself 
H  late  captain  fourth  regiment  American  light  Dra- 
"  goons,"  has  written  an  inflammatory  and  unwarranta- 
ble letter  to  the  encargado  de  negocios  of  his  catho- 
lic majesty,  bearing  date  the  first  day  of  March,  1787, 
tending  to  interrupt  and  injure  the  peace  and  mutual 
confidence  which  so  happily  subsist  between  the  Unit- 
ed States  and  his  said  catholic  majesty  :  Therefore, 

Resolved,  That  the  secretary  at  war  direct  the 
commanding  officer  of  the  troops  of  the  United  States 
on  the  Ohio,  that,  if  the  said  John  Sullivan  come  with- 
in the  federal  territory,  he  cause  the  said  John  Sullivan 
to  be  seized  and  confined,  in  order  that  he  may  be  le- 
gally tried  and  punished  according  to  the  nature  and 
degree  of  his  crime. 

OCTOBER  2G,  1787. 

Instructions  to  the  Commissioners  for  negotiating  a 
Treaty  with  the  Tribes  of  Indians  hi  the  Southern 
Department,  for  the  purpose  of  establishing  Peace 
between  the  United  States  and  the  said  Tribes. 

GENTLEMEN, 

Several  circumstances  rendering  it  probable  that 
hostilities  may  have  commenced,  or  are  on  the  eve  of 


260  SECRET  JOURNAL.  [Oct.  26, 

commencing,  between  the  state  of  North  Carolina  and 
the  Cherokee  nation  of  Indians,  and  between  the  state 
of  Georgia  and  the  Creek  nation  of  Indians,  you  are  to 
use  every  endeavour  to  restore  peace  and  harmony 
between  the  said  states  and  the  said  nations,  on  terms 
of  justice  and  humanity. 

The  great  source  of  contention  between  the  said 
states  and  the  Indian  tribes  being  boundaries,  you  will 
carefully  enquire  into  and  ascertain  the  boundaries 
claimed  by  the  respective  states.  And  although  Con- 
gress are  of  opinion  that  they  might  constitutionally 
fix  the  bounds  between  any  state  and  an  independent 
tribe  of  Indians,  yet  unwilling  to  have  a  difference 
subsist  between  the  general  government  and  that  of 
the  individual  states,  they  wish  you  so  to  conduct  the 
matter,  that  the  states  may  not  conceive  their  legisla- 
tive rights  in  any  manner  infringed  ;  taking  care  at 
the  same  time  that  whatever  bounds  are  agreed  upon} 
they  may  be  described  in  such  terms  as  shall  not  be 
liable  to  misconstruction  and  misrepresentation,  but 
may  be  made  clear  to  the  conceptions  of  the  Indians 
as  well  as  whites. 

The  present  treaty  having  for  its  principal  object 
the  restoration  of  peace,  no  cession  of  land  is  to  be 
demanded  of  the  Indian  tribes. 

You  will  use  the  utmost  care  to  ascertain  who  are 
the  leading  men  among  the  several  tribes — the  real 
head  men  and  warriours.  These  you  will  spare  no 
pains  to  attach  to  the  interest  of  the  United  States  ; 
by  removing  as  far  as  may  be  all  causes  of  future  con- 
tention or  quarrels ;  by  kind  treatment,  and  assuran- 
ces of  protection;  by  presents  of  a  permanent  nature  ; 


1787.]  DOMESTICK  AFFAIRS.  W 

and  by  using  every  endeavour  to  conciliate  the  affec- 
tions of  the  white  people  inhabiting  the  frontiers,  to- 
wards them. 

You  will  encourage  the  Indians  to  give  notice  to  the 
superintendent  of  Indian  affairs  of  any  designs  that 
may  be  formed  by  any  neighbouring  Indian  tribe,  or 
by  any  person  whatever,  against  the  peace  of  the 
United  States. 

You  will  insist  that  all  prisoners  of  whatever  a^e, 
sex,  or  complexion,  be  delivered  up  ;  and  that  all  fugi- 
tive slaves  belonging  to  citizens  of  the  United  States 
be  restored. 


Instructions  to  the  Governour  of  the  Territory  of  the 
United  States  north-west  of  the  River  Ohio,  relative 
to  an  Indian  Treaty  in  the  Northern  Department. 

SIR, 

You  are  carefully  to  examine  into  the  real  temper  of 
the  Indian  tribes  inhabiting  the  northern  Indian  depart- 
ment of  the  United  States.  If  you  find  it  hostile,  and 
that  the  welfare  of  the  frontiers  and  the  settlements 
forming  in  that  country  demand  a  trealy,  you  will  then 
in  conjunction  with  the  superintendent  of  Indian  af- 
fairs for  the  northern  department,  unless  the  attendance 
of  the  said  superintendent  shall  be  prevented  by  any 
unforeseen  event,  hold  as  general  a  one  as  you  can 
with  all  the  tribes. 

The  primary  objects  of  the  treaty  are  the  remov- 
ing all  causes  of  controversy,  so  that  peace  and  har- 
mony may  continue  between  the  United  States  and  the 
Indian  tribes  ;  the  regulating  trade  and  settling  boun- 


262  SECRET  JOURNAL.  [Oct.  26,  17f57. 

daries.  For  these  purposes  you  will  do  every  thing 
that  is  right  and  proper. 

The  treaties  which  have  been  made  maybe  examin- 
ed, but  must  not  be  departed  from,  unless  a  change  of 
boundary  beneficial  to  the  United  States  can  be  ob- 
tained. 

Although  the  purchase  of  the  Indian  right  of  soil  is 
not  a  primary  object  of  holding  this  treaty,  yet  you 
will  not  neglect  any  opportunity  that  may  offer  of  ex- 
tinguishing the  Indian  rights  to  the  westward  as  far  as 
the  river  Mississippi. 

You  may  stipulate  that  the  east  and  west  line,  or- 
dered to  be  run  by  the  ordinance  of  the  20th  May, 
1785,  shall  be  the  boundary  between  the  United  States 
and  the  Indian  tribes  ;  provided  they  stipulate  that  it 
shall  run  throughout  unto  the  river  Mississippi.  And 
you  may  stipulate  that  any  white  persons  going  over 
the  said  boundary,  without  a  license  from  the  proper 
officer  of  the  United  States,  may  be  treated  in  such 
manner  as  the  Indians  shall  think  proper. 

You  will  use  every  possible  endeavour  to  ascertain 
who  are  the  real  head  men  and  the  warriours  of  the 
several  tribes,  and  who  have  the  greatest  influence 
among  them.  These  men  you  will  attach  to  the  Unit- 
ed States  by  every  means  in  your  power. 

Every  exertion  must  be  made  to  defeat  all  confede- 
rations and  combinations  amongthe  tribes,  and  to  con- 
ciliate the  white  people  inhabiting  the  frontier  towards 
them. 

Ptesolved,  That  if  under  the  authority  given  the 
22d  day  of  the  present  month  to  the  governour  of  the 


July,  1788.]  DOMESTICK  AFFAIRS.  263 

territory  of  the  United  States  north-west  of  the  river 
Ohio,  he  shall  think  it  expedient  to  hold  a  treaty  with 
the  Indian  tribes  in  the  northern  department,  he  shall 
apply  to  the  commanding  oflicer  of  the  troops  of  the 
United  States  for  such  number  of  men  as  he  may 
deem  proper  for  guar  ling  and  protecting  the  stores 
and  goods  necessary  for  holding  the  said  treaty  ;  and 
the  commanding  officer  of  the  troops  of  the  United 
States  shall  cause  the  said  number  of  men  to  be  march- 
ed  to  such  place,  and  at  such  time,  as  shall  be  directed 
by  the  governour. 

JULY  2,   1788. 

On  the  report  of  a  committee  consisting  of  Mr. 
Dane,  Mr.  Irvine,  Mr.  S.  M.  Mitchell,  Mr.  Carrington, 
and  Mr.  Brown,  to  whom  was  referred  the  report  of 
the  secretary  at  war  on  a  letter  of  the  !4th  of  March, 
from  the  governour  of  the  western  territory,  Congress 
agreed  to  the  following 

Additional  Instructions  to  the  Governour  of  the  Terri- 
tory of  the  United  Stales  north-west  of  the  River 
Ohio,  relative  to  the  Treaty  to  he  held  with  the  Wes- 
tern Indians,  in  pursuance  of  the  Resolutions  of  Con- 
gress passed  in  October  last. 

SIR, 

An  additional  sum  of  twenty  thousand  dollars  has 
been  appropriated  for  the  purposes  of  procuring  a 
permanent  peace  with  the  Indian  tribes  with  which 
you  are  authorized  to  hold  a  treaty. 


264  SECRET  JOURNAL.  [July  2,  1W8. 

This  sum,  and  six  thousand  dollars  out  of  the  four- 
teen thousand  heretofore  appropriated  for  holding  the 
said  treaty,  are  particularly  directed  to  be  applied 
solely  to  the  purpose  of  obtaining  a  boundary  advan- 
tageous to  the  United  States  between  them  and  the 
said  Indian  tribes  ;  and  for  further  extinguishing  by 
purchase  Indian  titles,  in  case  it  can  be  done  on  terms 
beneficial  to  the  union. 

But  it  is  not  expected  that  any  further  purchase  of 
lands  will  be  made,  unless  on  terms  evidently  advan- 
tageous to  the  United  States;  or  that  any  part  of  the 
said  additional  sum  will  be  expended,  but  in  cases  ap- 
parently necessary. 

In  fixing  a  boundary  between  the  United  States  and 
the  Indian  tribes,  instead  of  the  east  and  west  line  men- 
tioned in  your  instructions,  vou  will  endeavour  to  es- 
tablish an  east  and  west  line  as  far  north  as  the  com- 
pletion of  the  forty-first  degree  of  north  latitude. 

In  your  negotiations  with  the  Indians  you  will  make 
immediate  payments,  so  far  as  you  shall  have  moneys 
in  hand.  But  in  case  you  shall  find  it  necessary  to 
engage  any  considerable  part  of  the  said  additional 
sum,  you  are  to  stipulate  that  the  payments  thereof  be 
made  in  two  or  three  equal  annual  instalments,  the  first 
to  be  as  late  in  the  year  1789  as  can  be  obtained. 


[End  of  Domestick  Journal.] 


HISTORY 


OF 


THE  CONFEDERATION. 


vol.  i,  34 


HISTORY 


THE  CONFEDERATION. 


JULY  21,  1775. 

Agreeably  to  order,  the  Congress  resolved  itself 
into  a  committee  of  the  whole  to  take  into  considera- 
tion the  state  of  America ;  when  Dr.  B.  Franklin 
submitted  to  their  consideration  the  following  sketch  of 
articles  of  confederation* 

ARTICLES 

OF  CONFEDERATION  AND   PERPETUAL  UNION, 
Proposed  by  the  delegates  of  the  several  colonies  of 
New  Hampshire,  &c.  in  General  Congress  met  at  Phi- 
ladelphia, May  10,  1775. 

ARTICLE    I. 

The  name  of  this  confederacy  shall  henceforth  be 

THE  UNITED  COLONIES  OF  NORTH  AMERICA. 
ARTICLE  II. 

The  said  United  Colonies  hereby  severally  enter 
into  a  firm  league  of  friendship  with  each  other,  bind- 


26S  HISTORY  OF  THE  [July  21, 

ing  on  themselves  and  their  posterity,  for  their  com- 
mon defence  against  their  enemies,  for  the  securities 
of  their  liberties  and  properties,  the  safety  of  their 
persons  and  families,  and  their  mutual  and  general 
welfare. 

ARTICLE    III. 

That  each  colony  shall  enjoy  and  retain  as  much  as 
it  may  think  fit  of  its  own  present  laws,  customs,  rights, 
privileges  and  peculiar  jurisdictions  within  its  own 
limits;  and  may  amend  its  own  constitution  as  shall 
seem  best  to  its  own  assembly  or  convention. 

ARTICLE    IV. 

That  for  the  more  convenient  management  of  gene- 
ral interests,  delegates  shall  be  annually  elected  in 
each  colony,  to  meet  in  general  Congress  at  such  time 
and  place  as  shall  be  agreed  on  in  the  next  preceding 
Congress.  Only  where  particular  circumstances  do 
not  make  a  duration  necessary,  it  is  understood  to  be 
a  rule,  that  each  succeeding  Congress  be  held  in  a  dif- 
ferent colony,  till  the  whole  number  be  gone  through  ; 
and  so  in  perpetual  rotation  ;  and  that  accordingly  the 
next  Congress  after  the  present  shall  be  held  at  Anna- 
polis, in  Maryland. 

ARTICLE    v. 

That  the  power  and  duty  of  the  Congress  shall  ex- 
tend to  the  determining  on  war  and  peace  ;  the  sending 
and  receiving  ambassadors,  and  entering  into  alliances 


1775.]  CONFEDERATION.  269 

(the  reconciliation  with  Great  Britain ;)  the  settling  all 
disputes  and  differences  between  colony  and  colony, 
about  limits  or  any  other  cause,  if  such  should  arise; 
and  the  planting  of  new  colonies  when  proper.  The 
congress  shall  also  make  such  general  ordinances  as 
though  necessary  to  the  general  welfare,  particular 
assemblies  cannot  be  competent  to,  viz. — Those  that 
may  relate  to  our  general  commerce,  or  general  cur- 
rency ;  the  establishment  of  posts;  and  the  regulation 
of  our  common  forces.  The  Congress  shall  also  have 
the  appointment  of  all  general  officers,  civil  and  mili- 
tary, appertaining  to  the  general  confederacy,  such  as 
general  treasurer,  secretary,  &c. 

ARTICLE    VI. 

All  charges  of  wars,  and  all  other  general  expenses 
to  be  incurred  for  the  common  welfare,  shall  be  defray- 
ed out  of  a  common  treasury,  which  is  to  be  supplied 
by  each  colony  in  proportion  to  its  number  of  male 
polls  between  sixteen  and  sixty  years  of  age.  The 
taxes  for  paying  that  proportion  are  to  be  laid  and 
levied  by  the  laws  of  each  colony. 

ARTICLE    VII. 

The  number  of  delegates  to  be  elected  and  sent  to 
Congress  by  each  colony  shall  be  regulated,  from  time 
to  time,  by  the  number  of  such  polls  returned  ;  so  as 
that  one  delegate  be  allowed  for  every  five  thousand 
polls.  And  the  delegates  are  to  bring  with  them  to 
every  Congress  an  authenticated  return  of  the  number 


270  HISTORY  OF  THE  (July  21, 

of  polls  in  the'  respective  provinces,  which  is  to  be 
taken  triennially,  for  the  purposes  above-mentioned. 

ARTICLE    VIII. 

At  every  meeting  of  the  Congress,  one  half  of  the 
members  returned,  exclusive  of  proxies,  shall  be  ne- 
cessary to  make  a  quorum ;  and  each  delegate  at  the 
Congress  shall  have  a  vote  in  all  cases,  and  if  neces- 
sarily absent,  shall  be  allowed  to  appoint  any  other 
delegate  from  the  same  colony  to  be  his  proxy,  who 
may  vote  for  him. 

ARTICLE    IX. 

An  executive  council  shall  be  appointed  by  the 
Congress  out  of  their  own  body,  consisting  of  twelve 
persons  ;  of  whom,  in  the  first  appointment,  one-third, 
viz.  four  shall  be  for  one  year,  four  for  two  years,  and 
four  for  three  years ;  and  as  the  said  terms  expire,  the 
vacancies  shall  be  filled  by  appointments  for  three 
years  ;  whereby  one-third  of  the  members  will  be 
changed  annually.  This  council,  of  whom  two-thirds 
shall  be  a  quorum  in  the  recess  of  Congress,  is  to  exe- 
cute what  shall  have  been  enjoined  thereby  ;  to  manage 
the  general  continental  business  and  interests  ;  to  re- 
ceive applications  from  foreign  countries  ;  to  prepare 
matters  for  the  consideration  of  the  Congress ;  to  fill 
up5  pro  tempore,  continental  offices  that  fall  vacant ; 
and  to  draw  on  the  general  treasurer  for  such  mo- 
neys as  may  be  necessary  for  general  services,  and 
appropriated  by  the  Congress  to  such  services. 


1775.]  CONFEDERATION.  271 

ARTICLE    X. 

No  colony  shall  engage  in  an  offensive  war  with 
any  nation  of  Indians  without  the  consent  of  the 
Congress,  or  grand  council  above  mentioned,  who 
are  first  to  consider  the  justice  and  necessity  of  such 
war. 

ARTICLE    XI. 

A  perpetual  alliance,  offensive  and  defensive,  is  to 
be  entered  into  as  soon  as  may  be  with  the  Six  Na- 
tions ;  their  limits  to  be  ascertained  and  secured  to 
them ;  their  land  not  to  be  encroached  on,  nor  any 
private  or  colony  purchases  made  of  them  hereafter  to 
be  held  good  ;  nor  any  contract  for  lands  to  be  made, 
but  between  the  great  council  of  the  Indians  at  Onon- 
daga and  the  general  Congress.  The  boundaries  and 
lands  of  all  the  other  Indians  shall  also  be  ascertained 
and  secured  to  them  in  the  same  manner,  and  persons 
appointed  to  reside  among  them  in  proper  districts ; 
and  shall  take  care  to  prevent  injustice  in  the  trade 
with  them ;  and  be  enabled  at  our  general  expense, 
by  occasional  small  supplies,  to  relieve  their  personal 
wants  and  distresses.  And  all  purchases  from  them 
shall  be  by  the  Congress,  for  the  general  advantage 
and  benefit  of  the  United  Colonies. 

ARTICLE    XII. 

As  all  new  institutions  may  have  imperfections, 
which  only  time  and  experience  can  discover,  it  is 
agreed  that  the  general  Congress,  from  time  (o  time, 


272  HISTORY  OF  THE  [July  21, 1775. 

shall  propose  such  amendments  of  this  constitution  as 
may  be  found  necessary  ;  which  being  approved  by  a 
majority  of  the  colony  assemblies,  shall  be  equally 
binding  with  the  rest  of  the  articles  of  this  confede- 
ration. 

ARTICLE    XIII. 

Any  and  every  colony  from  Great  Britain  upon  the 
continent  of  North  America,  not  at  present  engaged  in 
our  association,  may,  upon  application  and  joining 
the  said  association,  be  received  into  the  confedera- 
tion, viz.  Ireland,  the  West  India  islands,  Quebec,  St. 
John's,  Nova  Scotia,  Bermudas,  and  the  East  and 
West  Floridas ;  and  shall  thereupon  be  entitled  to  all 
the  advantages  of  our  union,  mutual  assistance  and 
commerce. 

These  articles  shall  be  proposed  to  the  several  pro- 
vincial conventions  or  assemblies,  to  be  by  them  con- 
sidered; and  if  approved,  they  are  advised  to  empower 
their  delegates  to  agree  to  and  ratify  the  same  in  the 
ensuing  Congress.  After  which  the  union  thereby 
established  is  to  continue  firm,  till  the  terms  of  recon- 
ciliation proposed  in  the  petition  of  the  last  Congress 
to  the  king  are  agreed  to ;  till  the  acts  since  made,  re- 
straining the  American  commerce  and  fisheries  are  re- 
pealed ;  till  reparation  is  made  for  the  injury  done  to 
Boston,  by  shutting  up  its  port ;  for  the  burning  of 
Charlestown;  and  for  the  expense  of  this  unjust  war ; 
and  till  all  the  British  troops  are  withdrawn  from  Ameri- 
ca. On  the  arrival  of  these  events,  the  colonies  will 
return  to  their  former  connexion  and  friendship  with 


June,  1776.]  CONFEDERATION.  273 

Britain  :  but  on  failure  thereof,  this  confederation  is 
to  be  perpetual. 

JUNE   10,  177G. 

Agreeable  to  order,  the  Congress  resolved  itself 
into  a  committee  of  the  whole  to  take  into  their  far- 
ther consideration  the  resolutions  to  them  referred  ; 
and  after  some  time  spent  thereon,  the  president  re- 
sumed the  chair,  and  Mr.  Harrison  reported,  that  the 
committee  have  had  under  consideration  the  resolu- 
tions to  them  referred,  and  have  come  to  a  resolution, 
which  he  read. 

The  Congress  took  into  consideration  the  report 
from  the  committee  of  the  whole  :  Whereupon, 

Resolved,  That  the  consideration  of  the  first  reso- 
lution be  postponed  to  this  day  three  weeks  ;  and  in 
the  mean  while,  that  no  time  be  lost,  in  case  the  Con- 
gress agree  thereto,  that  a  committee  be  appointed  to 
prepare  a  declaration  to  the  effect  of  tire  said  first 
resolution,  which  is  in  these  words :  "  That  these 
"  United  Colonies  are,  and  of  right  ought  to  be,  free 
"and  independent  states;  that  they  are  absolved  from 
"  all  allegiance  to  the  British  crown ;  and  that  all  po- 
"  litical  connexion  between  them  and  the  stale  of 
"  Great  Britain,  is,  and  ought  to  be,  totally  dis- 
"  solved." 

JUNE  11,  1776. 

Resolved,  That  a  committee  be  appointed  to  prepare 
and  digest  the  form  of  a  confederation  to  be  entered 
into  between  these  colonies. 
vol.  i.  35 


274  HISTORY  OF  THE  [July  18, 


JUNE   12,   1776. 

Resolved,  That  the  committee  to  prepare  and  di- 
gest the  form  of  a  confederation  to  be  entered  into 
between  these  colonies  consist  of  a  member  from  each 
colony. 

New  Hampshire,  Mr.  Bartlelt. 

Massachusetts,  Mr.  S.  Adams* 

Rhode  Island,  Mr.  Hopkins. 

Connecticut,  Mr.  Sherman. 

New  York,  Mr.  R.  Livingston. 

New  Jersey, 

Pennsylvania,  Mr.  Dickinson. 

Delaware,  Mr.  MkKean. 

Maryland,  Mr.  Stone. 

Virginia,  Mr.  Nelson. 

North  Carolina,  Mr.  Hewes. 

South  Carolina,  Mr.  Rutledge. 

Georgia,  Mr.  Gwinnet. 

JULY  12,  1776. 

The  committee  appointed  to  prepare  articles  ot 
confederation,  brought  in  a  draft  (in  the  hand-writing 
of  J.  Dickinson,)  which  \vas  read,  and  is  as  follows  : 

ARTICLES 

OF  CONFEDERATION  AND  PERPETUAL  UNION, 

BETWEEN    THE    COLONIES    OF 

New  Hampshire,  Connecticut, 

Massachusetts  Bay,  New  York, 

Rhode  Island,  New  Jersey, 


1776.]  CONFEDERATION.  8?tf 

Pennsylvania,  Maryland, 

The  counties  of  New  Virginia, 

Castle,    Kent,    and  North  Carolina, 

Sussex,  on     Dela-  South  Carolina,  and 

ware,  Georgia. 

ARTICLE    I. 

The  name  of  this  confederacy  shall  be,  the  united 

STATES  OF  AMERICA. 


ARTICLE    II. 

The  said  colonies  unite  themselves  so  as  never  to 
be  divided  by  any  act  whatever;  and  hereby  severally 
enter  into  a  firm  league  of  friendship  with  each  other 
for  their  common  defence,  the  security  of  their  liber- 
ties, and  their  mutual  and  general  welfare,  binding  the 
said  colonies  to  assist  one  another  against  all  force 
offered  to,  or  attacks  made  upon  them,  or  any  of  them, 
on  account  of  religion,  sovereignty,  trade,  or  any 
other  pretence  whatever. 

ARTICLE    III. 

Each  colony  shall  retain  and  enjoy  as  much  of  its 
present  laws,  rights  and  customs,  as  it  may  think  fit; 
and  reserves  to  itself  the  sole  and  exclusive  regulation 
and  government  of  its  internal  police,  in  all  matters 
that  shall  not  interfere  with  the  articles  of  this  confede- 
ration. 


276  HISTORY  OF  THE  [July  18, 


ARTICLE    IV. 

No  colony  or  colonies,  without  the  consent  of  the 
United  States  assembled,  shall  send  any  embassy  to, 
or  receive  any  embassy  from,  or  enter  into  any  treaty, 
convention,  or  conference  with  the  king  or  kingdom  of 
Great  Britain,  or  any  foreign  prince  or  state  ;  nor 
shall  any  colony  or  colonies,  nor  any  servant  or  ser- 
vants of  the  United  States,  or  of  any  colony  or  colo- 
nies, accept  of  any  present,  emolument,  office,  or  title 
of  any  kind  whatever,  from  the  king  or  kingdom  of 
Great  Britain,  or  any  foreign  prince  or  state  ;  nor 
shall  the  United  Slates  assembled,  or  any  colony,  grant 
any  title  of  nobility. 

article  v. 

No  two  or  more  colonies  shall  enter  into  any  treaty, 
confederation  or  alliance  whatever  between  them, 
without  the  previous  and  free  consent  and  allowance  of 
the  United  States  assembled,  specifying  accurately  the 
purposes  for  which  the  same  is  to  be  entered  into,  and 
how  long  it  shall  continue. 

ARTICLE    VI. 

The  inhabitants  of  each  colony  shall  henceforth  al- 
ways enjoy  the  same  rights,  liberties,  privileges,  immu- 
nities and  advantages,  in  the  other  colonies,  which  the 
said  inhabitants  now  have,  in  all  cases  whatever,  ex- 
cept in  those  provided  for  by  the  next  following  ar- 
ticle. 


1776.]  CONFEDERATION.  BD 


ARTICLE    VII. 

The  inhabitants  of  each  colony  shall  enjoy  all  the 
rights,  liberties,  privileges,  immunities  and  advantages, 
in  trade,  navigation  and  commerce  in  any  other  colo- 
ny, and  in  going  to  and  from  the  same,  from  and  to 
any  part  of  the  world,  which  the  natives  of  such  colony 
enjoy. 

ARTICLE    VIII. 

Each  colony  may  assess  or  lay  such  imposts  or  du- 
ties as  it  thinks  proper,  on  importations  or  exporta- 
tions ;  provided  such  imposts  or  duties  do  not  inter- 
fere with  any  stipulations  in  treaties  hereafter  entered 
into  by  the  United  States  assembled  with  the  king  or 
kingdom  of  Great  Britain,  or  any  foreign  prince  or 
state. 

ARTICLE    IX. 

No  standing  army,  or  body  of  forces,  shall  be  kept 
up  by  any  colony  or  colonies,  in  times  of  peace,  ex- 
cept such  a  number  only  as  may  be  requisite  to  garri- 
son the  forts  necessary  for  the  defence  of  such  colony 
or  colonies.  But  every  colony  shall  always  keep  up 
a  well  regulated  and  disciplined  militia,  sufficiently 
armed  and  accoutred ;  and  shall  provide  and  con- 
stantly have  ready  for  use  in  publick  stores,  a  due 
number  of  field  pieces  and  tents,  and  a  proper  quantify 
of  ammunition  and  camp  equipage. 


278  HISTORY  OF  THE  [July  W, 


ARTICLE    X. 

When  troops  arc  raised  in  any  of  the  colonies  for 
the  common  defence,  the  commission  officers  proper 
for  the  troops  raised  in  each  colony,  except  the  gene- 
ral officers,  shall  be  appointed  by  the  legislature  of 
each  colony  respectively,  or  in  such  manner  as  shall 
by  them  be  directed. 

ARTICLE    XI. 

All  charges  of  wars,  and  all  other  expenses  that 
shall  be  incurred  for  the  common  defence,  or  general 
welfare,  and  allowed  by  the  United  States  assembled, 
shall  be  defrayed  out  of  a  common  treasury,  which 
shall  be  supplied  by  the  several  colonies  in  proportion 
to  the  number  of  inhabitants  of  every  age,  sex,  and 
quality,  except  Indians  not  paying  taxes,  in  each  colo- 
ny, a  true  account  of  which,  distinguishing  the  white 
inhabitants,  shall  be  triennially  taken  and  transmitted 
to  the  assembly  of  the  United  States.  Taxes  for  pay- 
ing that  proportion  shall  be  laid  and  levied  by  the 
authority  and  direction  of  the  legislature  of  the  several 
colonies  within  the  time  agreed  upon  by  the  United 
States  assembled. 


ARTICLE    XII. 

Every  colony  shall  abide  by  the  determinations  of 
the  United  States  assembled,  concerning  the  services 
performed  and  losses  or  expenses  incurred  by  every 


1776.]  CONFEDERATION.  279 

colony  for  the  common  defence,  or  general  welfare  ; 
and  no  colony  or  colonies  shall,  in  any  case  whatever, 
endeavour  by  force  to  procure  redress  of  any  injury 
or  injustice  supposed  to  be  done  by  the  United  States 
to  such  colony  or  colonies,  in  not  granting  such  satis- 
factions, indemnifications,  compensations,  retributions, 
exemptions,  or  benefits,  of  any  kind,  as  such  colony  or 
colonies  may  think  just  or  reasonable. 

ARTICLE    XIII. 

No  colony  or  colonies  shall  engage  in  any  war. 
without  the  previous  consent  of  the  United  States  as- 
sembled, unless  such  colony  or  colonies  be  actually 
invaded  by  enemies,  or  shall  have  received  certain  ad- 
vice of  a  resolution  being  formed  by  some  nations  of 
Indians  to  invade  such  colony  or  colonies,  and  the 
danger  is  so  imminent  as  not  to  admit  of  a  delay  till 
the  other  colonies  can  be  consulted.  Nor  shall  any 
colony  or  colonies  grant  commissions  to  any  ships  or 
vessels  of  war,  nor  letters  of  marque  or  reprisal,  ex- 
cept it  be  after  a  declaration  of  war  by  the  United 
States  assembled,  and  then  only  against  the  kingdom 
or  state,  and  the  subjects  thereof,  against  which  war 
has  been  so  declared  ;  and  under  such  regulations  as 
shall  be  established  by  the  United  States  assembled. 

article  xiv. 

No  purchases  of  lands,  hereafter  to  be  made  of  the 
Indians,  by  colonies  or  private  persons,  before  the 
limits  of  the  colonies  are   ascertained,  to    be  valid. 


280  HISTORY  OF  THE  [July  12, 

AH  purchases  of  lands  not  included  within  those  limits, 
where  ascertained,  to  be  made  by  contracts  between 
the  United  States  assembled,  or  by  persons  for  that 
purpose  authorized  by  them  and  the  great  councils  of 
the  Indians,  lor  the  general  benefit  of  all  the  United 
Colonies. 

ARTICLE    XV. 

When  the  boundaries  of  any  colony  shall  be  ascer- 
tained by  agreement,  or  in  the  manner  hereinafter  di- 
rected, all  the  other  colonies  shall  guarantee  to  such 
colony  the  full  and  peaceable  possession  of,  and  the 
free  and  entire  jurisdiction  in,  and  over  the  territory 
included  within  such  boundaries. 


ARTICLE    XVI. 

For  the  more  convenient  management  of  the  general 
interests  of  the  United  States,  delegates  should  be 
annually  appointed  in  such  manner  as  the  legislature 
of  each  colony  shall  direct,  to  meet  at  the  city  of  Phi- 
ladelphia, in  the  colony  of  Pennsylvania,  until  other- 
wise ordered  by  the  United  States  assembled;  which 
meeting  shall  be  on  the  first  Monday  of  November  in 
every  year,  with  a  power  reserved  to  those  who  ap- 
pointed the  said  delegates,  respectively,  to  recall  them 
or  any  of  them  at  any  time  within  the  year,  and  to 
send  new  delegates  in  their  stead  for  the  remainder  of 
the  year.  Each  colony  shall  support  its  own  delegate.- 
in  a  meeting  of  the  states,  and  while  they  act  as  mem 
bers  of  the  council  of  state,  hereinafter  mentioned. 


177«.]  CONFEDERATION.  281 


ARTICLE    XVII. 


In  determining  questions,   each  colony  shall   have 
one  vote. 


ARTICLE    XVIII. 

The  United  States  assembled  shall  have  the  sole  and 
exclusive  right  and  power — Of  determining  on  peace 
and  war,  except  in  the  cases  mentioned  in  the  thir- 
teenth article  :  Of  establishing  rules  for  deciding  in  all 
cases  what  captures  on  land  or  water  shall  be  legal  : 
In  what  manner  prizes  taken  by  land  or  naval  forces 
in  the  service  of  the  United  States  shall  be  divided  or 
appropriated :  Granting  letters  of  marque  and  repri- 
sal in  times  of  peace:  Appointing  courts  for  the  trial 
of  all  crimes,  frauds  and  piracies  committed  on  the 
high  seas,  or  on  any  navigable  river  not  within  the 
body  of  a  county  or  parish  :  Establishing  the  courts 
for  receiving  and  determining  finally  appeals  in  all 
cases  of  captures  :  Sending  and  receiving  ambassadors 
under  any  character  :  Entering  into  treaties  and  al- 
liances :  Settling  all  disputes  and  differences  now  sub- 
sisting, or  that  hereafter  may  arise,  between  two  or 
more  colonies  concerning  boundaries,  jurisdictions,  or 
any  other  cause  whatever :  Coining  money,  and  regu- 
lating the  value  thereof:  Regulating  the  trade,  and 
managing  all  affairs  with  the  Indians  :  Limiting  the 
bounds  of  those  colonies  which,  by  charter  or  procla- 
mation, or  under  any  pretence,  are  said  to  extend  to 
.he  south  sea ;  and  ascertaining  those  bounds  of  any 
vol.  i.  .16 


Wt  HISTORY  OF  THE  [July  12, 

other  colony  that  appear  to  be  indeterminate:  Assign- 
ing territories  for  new  colonies,  either  in  lands  to  be 
thus  separated  from  colonies  and  heretofore  purchas- 
ed, or  obtained  by  the  crown  of  Great  Britain  from 
the  Indians,  or  hereafter  to  be  purchased  or  obtained 
from  them  :  Disposing  of  all  such  lands  for  the  general 
benefit  of  all  the  United  Colonies:  Ascertaining  boun- 
daries to  such  new  colonies  within  which  forms  of 
government  are  to  be  established  on  the  principles 
of  liberty  :  Establishing  and  regulating  postoffices 
throughout  all  the  United  Colonies,  on  the  lines  of 
communication  from  one  colony  to  another  :  Appoint- 
ing general  officers  of  the  land  forces  in  the  service  of 
the  United  States  :  Commissioning  such  other  officers 
of  the  said  forces  as  shall  be  appointed  by  virtue  of 
the  tenth  article  :  Appointing  all  the  officers  of  the 
naval  forces  in  the  service  of  the  United  States:  Mak- 
ing rules  for  the  government  and  regulation  of  the  said 
land  and  naval  forces  :  Appointing  a  council  of  state, 
and  such  committees  and  civil  officers  as  may  be  ne- 
cessary for  managing  the  general  affairs  of  the  United 
States  under  their  direction,  while  assembled,  and 
in  their  recess  of  the  council  of  state  :  Appointing 
one  of  their  number  to  preside,  and  a  suitable  person 
for  secretary  :  And  adjourning  to  any  time  within  the 
year. 

The  United  States  assembled  shall  have  authority, 
for  the  defence  and  welfare  of  the  United  Colonies  and 
every  of  them,  to  agree  upon  and  fix  the  necessary 
sums  and  expenses  ;  to  emit  bills,  or  to  borrow  money, 
on  the  credit  of  the  United  Colonies  ;  to  raise  naval 
forces  ;  to  agree  upon  the  number  of  land  forces  to  be 


1776.]  CONFEDERATION. 

raised,  and  to  make  requisitions  from  the  legislature  ol 
each  colony,  or  the  persons  therein  authorized  by  the 
legislature  to  execute  such  requisitions,  for  the  quota 
of  each  colony,  which  is  to  be  in  proportion  to  the 
number  of  white  inhabitants  in  that  colony  ;  which 
requisitions  shall  be  binding  ;  and  thereupon  the  le- 
gislature of  each  colony,  or  the  persons  authorized  as 
aforesaid,  shall  appoint  the  regimental  officers,  raise 
the  men,  and  arm  and  equip  them  in  a  soldierlike 
manner  ;  and  the  officers  and  men  so  armed  and  equip- 
ped shall  march  to  the  place  appointed,  and  within  the 
time  agreed  on   by  the  United  States  assembled. 

But  if  the  United  States  assembled  shall,  on  consi- 
deration of  circumstances,  judge  proper  that  any  colo- 
ny or  colonies  should  not  raise  men,  or  should  raise  a 
smaller  number  than  the  quota  or  quotas  of  such  colony 
or  colonies,  and  that  any  other  colony  or  colonies 
should  raise  a  greater  number  of  men  than  the  quota 
or  quotas  thereof,  such  extra  numbers  shall  be  raised, 
officered,  armed,  and  equipped,  in  the  same  manner  as 
the  quota  or  quotas  of  such  colony  or  colonies,  unless 
the  legislature  of  such  colony  or  colonies  respectively, 
shall  judge  that  such  extra  numbers  cannot  be  safely 
spared  out  of  the  same  ;  in  which  case  they  shall  raise, 
officer,  arm  and  equip  as  many  of  such  extra  numbers 
as  they  judge  can  be  safely  spared  ;  and  the  officers 
and  men  so  armed  and  equipped,  shall  march  to  the 
place  appointed,  and  within  the  time  agreed  on  by 
the  United  States  assembled. 

To  establish  the  same  weights  and  measures  through- 
out the  United  Colonies. 


284  HISTORY  OF  THE  [July  12, 

But  the  United  States  assembled  shall  never  impose 
or  levy  any  taxes  or  duties,  except  in  managing  the 
postoffice  ;  nor  interfere  in  the  internal  police  of  any 
colony  any  further  than  such  police  may  be  affected 
by  the  articles  of  this  confederation. 

The  United  States  assembled  shall  never  engage 
the  United  Colonies  in  a  war;  nor  grant  letters  of 
marque  and  reprisal  in  time  of  peace  ;  nor  enter  into 
treaties  or  alliances;  nor  coin  money  ;  nor  regulate 
the  value  thereof ;  nor  agree  upon  nor  fix  the  sums 
and  expenses  necessary  for  the  defence  and  welfare 
of  the  United  Colonies,  or  any  of  them  ;  nor  emit 
bills  ;  nor  borrow  money  on  the  credit  of  the  United 
Colonies;  nor  raise  naval  forces;  nor  agree  upon  the 
number  of  land  forces  to  be  raised — unless  the  dele- 
gates of  nine  colonies  freely  assent  to  the  same  :  nor 
shall  a  question  on  any  other  point,  except  for  adjourn- 
ing, be  determined,  unless  the  delegates  of  seven  colo- 
nies vote  in  the  affirmative. 

No  person  shall  be  capable  of  being  a  delegate  for 
more  than  three  years  in  any  term  of  six  years. 

No  person  holding  any  office  under  the  United 
States,  for  which  he,  or  another  for  his  benefit,  re- 
ceives any  salary,  fees,  or  emoluments  of  any  kind, 
shall  be  capable  of  being  a  delegate. 

The  assembly  of  the  United  States  to  publish  the 
journal  of  their  proceedings  monthly,  except  such  parts 
thereof  relating  to  treaties,  alliances,  or  military  ope- 
rations, as  in  their  judgment  require  secrecy.  The 
yeas  and  nays  of  the  delegates  of  each  colony  on  any 
question  to  be  entered  on  the  journal,  where  it  is  de- 
sired by  any  delegate;  and  the  delegates  of  a  colony, 


1776.]  CONFEDERATION.  205 

or  any  of  them,  at  his  or  their  request,  to  be  furnished 
with  a  transcript  of  the  said  journal,  except  such  parts 
as  are  above  excepted,  to  lay  before  the  legislatures 
of  the  several  colonies. 


ARTICLE     XIX. 

The  council  of  state  shall  consist  of  one  delegate 
from  each  colony,  to  be  named  annually  by  the  dele- 
gates of  each  colony  ;  and  where  they  cannot  agree, 
by  the  United  States  assembled. 

This  council  shall  have  power  to  receive  and  open 
all  letters  directed  to  the  United  States,  and  to  return 
proper  answers  ;  but  not  to  make  any  engagements 
that  shall  be  binding  on  the  United  States  :  To  corres- 
pond with  the  legislature  of  every  colony,  and  all  per- 
sons acting  under  the  authority  of  the  United  States, 
or  of  the  said  legislatures:  To  apply  to  such  legisla- 
tures, or  to  the  officers  in  the  several  colonies  who  are 
entrusted  with  the  executive  powers  of  government, 
for  occasional  aid,  whenever  and  wherever  necessary : 
To  give  council  to  the  commanding  officers,  and  to  di- 
rect military  operations  by  sea  and  land,  not  changing 
any  objects  or  expeditions  determined  on  by  the  Unit- 
ed States  assembled,  unless  an  alteration  of  circum- 
stances, which  shall  come  to  the  knowledge  of  the 
council  after  the  recess  of  the  states,  shall  make  such 
change  absolutely  necessary  :  To  attend  to  the  defence 
and  preservation  of  forts  and  strong  posts,  and  to  pre- 
vent the  enemy  from  acquiring  new  holds:  To  procure 
intelligence  of  the  condition  and  designs  of  the  enemy: 
To  expedite  the  execution  of  such  measures  as  may  be 


286  HISTORY  OF  THE  [July  12, 

resolved  on  by  the  United  States  assembled,  in  pur- 
suance of  the  powers  hereby  given  to  them  :  To  draw 
upon  the  treasurers  for  such  sums  as  maybe  appro- 
priated by  the  United  States  assembled,  and  for  the 
payment  of  such  contracts  as  the  said  council  may 
make  in  pursuance  of  the  powers  hereby  given  to  them  : 
To  superintend,  and  control,  or  suspend,  all  officers 
civil  and  military,  acting  under  the  authority  of  the 
United  States  :  In  case  of  the  death  or  removal  of  any 
officer  within  the  appointment  of  the  United  States  as- 
sembled, to  employ  a  person  to  fulfil  the  duties  of 
such  office  until  the  assembly  of  the  states  meet :  To 
publish  and  disperse  aulhentick  accounts  of  military 
operations  :  To  summon  an  assembly  of  the  states  at 
an  earlier  day  than  that  appointed  for  their  next  meet- 
ing, if  any  great  and  unexpected  emergency  should 
render  it  necessary  for  the  safety  or  welfare  of  the 
United  Colonies,  or  any  of  them:  To  prepare  matters 
for  the  consideration  of  the  United  States,  and  to  lay 
before  them  at  their  next  meeting  all  letters  and  ad- 
vices received  by  the  council,  with  a  report  of  their 
proceedings  :  to  appoint  a  proper  person  for  their 
clerk,  who  shall  take  an  oath  of  secrecy  and  fidelity 
before  he  enters  on  the  exercise  of  his  office.  Seven 
members  shall  have  power  to  act.  In  case  of  the 
death  of  any  member,  the  council  shall  immediately 
apply  to  his  surviving  colleagues  to  appoint  some  one 
of  themselves  to  be  a  member  thereof  till  the  meeting 
of  the  states  ;  and  if  only  one  survives,  they  shall  give 
immediate  notice,  that  he  may  take  his  seat  as  a  coun- 
cilor till  such  meeting. 


1776.]  CONFEDERATION.  287 

ARTICLE    XX. 

Canada  acceding  to  this  confederation,  and  entirely 
joining  in  the  measures  of  the  United  Colonies,  shall 
be  admitted  into,  and  entitled  to  all  the  advantages  of 
this  union.  But  no  other  colony  shall  be  admitted  into 
the  same,  unless  such  admission  be  agreed  to  by  the 
delegates  of  nine  colonies. 

These  articles  shall  be  proposed  to  the  legislatures 
of  all  the  United  Colonies,  to  be  by  them  considered"; 
and  if  approved  by  them,  they  are  advised  to  autho- 
rize their  delegates  to  ratify  the  same  in  the  assembly 
of  the  United  States;  which  being  done,  the  articles 
of  this  confederation  shall  inviolably  be  observed  by 
every  colony  ;  and  the  union  is  to  be  perpetual :  Nor 
shall  any  alteration  be  at  any  time  hereafter  made  in 
these  articles,  or  any  of  them,  unless  such  alteration 
be  agreed  to  in  an  assembly  of  the  United  States, 
and  be  afterwards  confirmed  by  the  legislatures  of 
every  colony. 

Resolved,  That  eighty  copies,  and  no  more,  of  the 
confederation,  as  brought  in  by  the  committee,  be  im- 
mediately printed  and  deposited  with  the  Secretary, 
who  shall  deliver  one  copy  to  each  member. 

That  the  printer  be  under  oath  to  deliver  all  the 
copies  which  he  shall  print,  together  with  the  copy 
sheet,  to  the  Secretary  ;  and  not  to  disclose,  either 
directly  or  indirectly,  the  contents  of  the  said  confede- 
ration. 


288  HISTORY  OF  THE  [Aug.  20, 

That  no  member  furnish  any  person  with  his  copy, 
or  take  any  steps  by  which  the  said  confederation  may 
be  reprinted ;  and  that  the  Secretary  be  under  the  like 
injunction. 

On  the  22d  July  the  Congress  resolved  itself  into  a 
committee  of  the  whole  to  consider  the  articles  of 
confederation  ;  and  proceeded  to  debate  the  same, 
in  committee,  on  the  23d,  24th,  25th,  26th,  29th,  30th, 
and  31st  of  that  month,  and  on  the  1st,  2d,  6th,  7th, 
8th,  and  20th  of  August,  1776.  On  the  day  last  men- 
tioned, they  reported  a  new  draft,  which  was  read  and 
ordered  to  be  printed  for  the  use  of  the  members,  un- 
der the  same  injunctions  and  restrictions  as  the  former 
draft. 

The  draft  of  the  articles  of  confederation  reported 
by  the  committee  of  the  whole  is  as  follows  : 

ARTICLES 

OF  CONFEDERATION  AND  PERPETUAL  UNION, 

BETWEEN    THE    STATES    OF 

New  Hampshire,  Castle,  Kent,  and  Sussex 

Massachusetts  Bay,                 on  Delaware, 

Rhode  Island,  Maryland, 

Connecticut,  Virginia, 

New  York,  North  Carolina, 

New  Jersey,  South  Carolina,  and 

Pennsylvania,  Georgia. 

The    counties  of  New 

ARTICLE    I. 

The  name  of  this  confederacy  shall  be,  the  unitep 

STATES    OF    AMERICA. 


1776.]  CONFEDERATION.  289 


ARTICLE    II. 


The  said  states  hereby  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common 
defence,  the  security  of  their  liberties,  and  their  mu- 
tual and  grncr.il  welfare  ;  binding  themselves  to  assist 
each  other  against  all  force  offered  to,  or  attacks  made 
upon  them,  or  any  of  them,  on  account  of  religion, 
sovereignty,  trade,  or  any  other  pretence  whatever. 


ARTICLE    III. 

Each  state  reserves  to  itself  the  sole  and  exclusive 
regulations  and  government  of  its  internal  police  in  all 
matters  that  shall  not  interfere  with  the  articles  of  this 
confederation. 

ARTICLE    IV. 

No  state,  without  the  consent  of  the  United  States 
in  Congress  assembled,  shall  send  any  embassy  to,  or 
receive  any  embassy  from,  or  enter  into  any  confer- 
ence, agreement,  alliance  or  treaty  with,  any  king, 
prince  or  state,  nor  shall  any  person  holding  any  office 
of  profit  or  trust  under  the  United  States,  or  any  of 
them,  accept  of  any  present,  emolument,  office,  or  title 
of  any  kind  whatever,  from  any  king,  prince  or 
foreign  state  ;  nor  shall  the  United  States  assembled,  or 
any  of  them,  grant  any  title  of  nobility. 
vol.  i.  37 


•290  HISTORY  OP  THE  [Atg.  20, 


ARTICLE    V. 


No  two  or  more  states  shall  enter  into  any  treaty, 
confederation,  or  alliance  whatever  between  them, 
without  thf  consent  of  the  United  States  in  Congress 
assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it 
shall  continue. 


ARTICLE   VI. 

No  state  shall  lay  any  imposts  or  duties  which  may 
interfere  with  any  stipulations  in  treaties  hereafter  en- 
tered into  by  the  United  States  assembled  with  any 
king,  prince,  or  state. 

ARTICLE    VII. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace 
by  any  state,  except  such  number  only  as  shall  be 
deemed  necessary  by  the  United  Stales  assembled  for 
the  defence  of  such  state,  or  its  trade  ;  nor  shall  any 
body  of  forces  be  kept  up  by  any  state  in  time  of 
peace,  except  such  number  only  as  in  the  judgment  of 
the  United  States  in  Congress  assembled  shall  be 
deemed  requisite  to  garrison  the  forts  necessary  for 
the  defence  of  such  state.  But  every  state  shall  al- 
ways keep  up  a  well  regulated  and  disciplined  militia, 
sufficiently  armed  and  accoutred  ;  and  shall  provide, 
and  constantly  have  ready  for  use  in  publick  stores, 


1776.]  CONFEDERATION.  291 

a  due  number  of  field  pieces  and  tents,  and  a  proper 
quantity  of  ammunition  and  camp  equipage. 


ARTICLE    VIII. 

When  land  forces  are  raised  by  any  state  for  the 
common  defence,  all  officers  of  or  under  the  rank  of 
colonel  shall  be  appointed  by  the  legislatures  of  each 
state  respectively,  by  whom  such  forces  shall  be  rais- 
ed, or  in  such  manner  as  such  state  shall  direct ;  and 
all  vacancies  shall  be  filled  up  by  the  state  which  first 
made  the  appointment. 

ARTICLE    IX. 

All  charges  of  war,  and  all  other  expenses  that  shall 
be  incurred  for  the  common  defence  or  general  wel- 
fare, and  allowed  by  the  United  States  assembled, 
shall  be  defrayed  out  of  a  common  treasury,  which 
shall  be  supplied  by  the  several  states  in  proportion  to 
the  number  of  inhabitants  of  every  age,  sex,  and  qua- 
lity, except  Indians  not  paying  taxes  in  each  state  ;  a 
true  account  of  which,  distinguishing  the  white  inha- 
bitants, shall  be  triennially  taken  and  transmitted  to 
the  assembly  of  the  United  States.  The  taxes  for 
paying  that  proportion  shall  be  laid  and  levied  by  the 
authority  and  direction  of  the  legislatures  of  the  seve- 
ral states  within  the  time  agreed  upon  by  the  United 
Slates  assembled. 


HISTORY  OF  THE  [Aug.  20. 


ARTICLE    X. 


Every  state  shall  abide  by  the  determinations  of  the 
United  States  in  Congret-s  assembled  on  all  questions 
which  by  this  confederation  are  submitted  to  them. 


ARTICLE    XI. 

No  state  shall  engage  in  any  war  without  the  con- 
sent of  the  United  States  in  Congress  assembled,  un- 
less such  state  be  actually  invaded  by  enemies,  or 
shall  have  received  certain  advice  of  a  resolution  be- 
ing formed  by  some  nation  of  Indians  to  invade  such 
state,  and  the  danger  is  so  imminent  as  not  to  admit  of 
delay  till  the  other  states  can  be  consulted  ;  nor  shall 
any  state  grant  commissions  to  any  ships  or  vessels  of 
war,  nor  letters  of  marque,  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  United  States  as- 
sembled ;  and  then  only  against  the  kingdom  or  state 
and  the  subjects  thereof  against  which  war  has  been 
so  declared,  and  under  such  regulations  as  shall  be 
established  by  the  United  States  assembled. 

ARTICLE    XII. 

For  the  more  convenient  management  of  the  gene- 
ral interests  of  the  United  States,  the  delegates  shall 
be  annually  appointed  in  such  manner  as  the  legisla- 
ture of  each  state  shall  direct,  to  meet  at  the  city  of 
Philadelphia,  in  Pennsylvania,  until  otherwise  ordered 
by  the  United  States  in  Congress  assembled  ;  which 


1776.]  CONFEDERATION.  293 

meeting  shall  be  on  the  first  Monday  in  November  in 
every  year;  with  a  power  reserved  to  each  state  to 
recall  its  delegates,  or  any  of  them,  at  any  time  within 
the  year,  and  to  send  others  in  their  stead  for  the  re- 
mainder of  the  year.  Each  state  shall  support  its  own 
delegates  in  a  meeting  of  the  states,  and  while  they 
act  as  members  of  the  council  of  state  hereinafter 
mentioned. 


ARTICLE    XIII. 

In  determining  questions  each  state  shall  have  one 
vote. 


ARTICLE    XIV. 

The  United  States  assembled  shall  have  the  sole  and 
exclusive  right  and  power  of  determining  on  peace 
and  war,  except  in  the  cases  mentioned  in  the  eleventh 
article  :  Of  establishing  rules  for  deciding,  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal  :  In  what 
manner  prizes  taken  by  land  or  naval  forces  in  the 
service  of  the  United  States  shall  be  divided  or  appro, 
priated  :  Granting  letters  of  marque  and  reprisal  in 
times  of  peace :  Appointing  courts  for  the  trial  of  pi- 
racies and  felonies  committed  on  the  high  seas :  Esta- 
blishing courts  for  receiving  and  determining  finally 
appeals  in  all  cases  of  captures  :  Sending  and  receiv- 
ing ambassadors  :  Entering  into  treaties  and  alliances  : 
Deciding  all  disputes  and  differences  now  subsisting, 
or  that  hereafter  may  arise  between  two  or  more  states, 
concerning    boundaries,   jurisdictions,   or    any    other 


2!M  HISTORY  OF  THE  [Aug.  20, 

cause  whatever:  Coining  money  and  regulating  the 
value  thereof:  Fixing  the  standard  of  weights  and 
measures  throughout  the  United  States  :  Regulating 
the  trade  and  managing  all  affairs  with  the  Indians,  not 
members  of  any  of  the  states  :  Establishing  and  re- 
gulating postoffices  from  one  state  to  another,  through- 
out all  the  United  States  ;  and  exacting  such  postage 
on  the  papers  passing  through  the  same  as  may  be  re- 
quisite to  defray  the  expenses  of  said  office  :  Appoint- 
ing general  officers  of  the  land  forces  in  the  service  of 
the  United  States  :  Commissioning  such  other  officers 
of  the  said  forces  as  shall  be  appointed  by  virtue  of 
the  eighth  article  :  Appointing  all  the  officers  of  the 
naval  forces  in  the  service  of  the  United  States  :  Mak- 
ing rules  for  the  government  and  regulation  of  the  said 
land  and  naval  forces,  and  directing  their  operations. 
The  United  States  in  Congress  assembled  shall  have 
authority  to  appoint  a  council  of  state,  and  such  com- 
mittees and  civil  officers  as  may  be  necessary  for  ma- 
naging the  general  affairs  of  the  United  States  under 
their  direction,  while  assembled,  and  their  recess 
under  that  of  the  council  of  state  :  To  appoint  one  of 
their  number  to  preside  ;  and  a  suitable  person  for 
secretary  ;  and  to  adjourn  to  any  time  within  the  year, 
and  to  any  place  within  the  United  States  :  To  agree 
upon  and  fix  the  necessary  sums  and  expenses  :  To 
borrow  money,  or  emit  bills  on  the  credit  of  the  Unit- 
ed States  :  To  build  and  equip  a  navy  :  To  agree  upon 
the  number  of  land  forces ;  and  to  make  requisitions 
from  each  state  for  its  quota  in  proportion  to  the  num- 
ber of  white  inhabitants  in  such  state  ;  which  requisi- 
tions shall  be  binding  ;  and  thereupon  the  legislature 


1776.]  CONFEDERATION.  29fi 

of  each  state  shall  appoint  the  regimental  officers, 
raise  the  men,  and  arm  and  equip  them  in  a  soldier- 
like manner;  and  the  officers  and  men  so  armed  and 
equipped  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on,  by  the  United  States  as- 
sembled. 

But  if  the  United  States  in  Congress  assembled 
shall,  on  consideration  of  circumstances,  judge  proper 
that  any  state  or  states  should  not  raise  men,  or  should 
raise  a  smaller  number  than  the  quota  or  quotas  of  such 
state  or  states,  and  that  any  other  state  or  states  should 
raise  a  greater  number  of  men  than  the  quota  or  quo- 
tas thereof,  such  extra  numbers  shall  be  raised,  officer- 
ed, armed  and  equipped,  in  the  same  manner  as  the 
quota  or  quotas  of  such  state  or  states,  unless  the  le- 
gislature of  such  state  or  states  respectively  shall 
judge  that  such  extra  numbers  cannot  be  safely  spared 
out  of  the  same,  in  which  case  they  shall  raise,  officer, 
arm  and  equip  as  many  of  such  extra  numbers  as  they 
judge  can  be  safely  spared.  And  the  officers  and  men, 
so  armed  and  equipped,  shall  march  to  the  place  ap- 
pointed, and  within  the  lime  agreed  on  by  the  United 
States  assembled. 

The  United  States  in  Congress  assembled  shall  ne- 
ver engage  in  a  war ;  nor  grant  letters  of  marque  and 
reprisal  in  time  of  peace  ;  nor  enter  into  any  treaties 
or  alliances,  except  for  peace ;  nor  coin  money,  nor 
regulate  the  value  thereof;  nor  agree  upon  nor  fix  the 
sums  and  expenses  necessary  for  the  defence  and  wel- 
fare of  the  United  States,  or  any  of  them;  nor  emit 
bills;  nor  borrow  money  on  the  credit  of  the  United 
States  ;  nor  appropriate  money  ;  nor  agree  upon  the 


296  HISTORY  OF  THE  [Aug.  20 

number  of  vessels  of  war  to  be  built  or  purchased,  or 
the  number  of  land  or  sea  forces  to  be  raised  ;  nor 
appoint  a  commander  in  chief  of  the  army  or  navy — 
unless  nine  states  assent  to  the  same  :  nor  shall  :j  ques- 
tion on  any  other  point,  except  for  adjourning  from 
day  to  day,  be  determined,  unless  by  the  votes  of  a 
majority  of  the  United  States. 

No  person  shall  be  capable  of  being  a  delegate  for 
more  than  three  years  in  any  term  of  six  years. 

No  person  holding  any  ollice  under  the  United 
States,  for  which  he,  or  another  for  his  benefit,  re- 
ceives any  salary,  fees  or  emolument  of  any  kind, 
shall  be  capable  of  being  a  delegate. 

The  assembly  of  the  United  States  to  publish  the 
journal  of  their  proceedings  monthly,  except  such 
parts  thereof  relating  to  treaties,  alliances,  or  military 
operations,  as  in  their  judgment  require  secrecy  ;  the 
yeas  and  nays  of  the  delegates  of  each  state  on  any 
question  to  be  entered  on  the  journal  when  it  is  desir- 
ed by  any  delegate  ;  and  the  delegates  of  a  state,  or 
any  of  them,  at  his  or  their  request,  to  be  furnished 
with  a  transcript  of  the  said  journal,  except  such  parts 
as  are  above  excepted,  to  lay  before  the  legislatures 
of  the  several  states. 

ARTICLE    XV. 

The  council  of  state  shall  consist  of  one  delegate 
from  each  state,  to  be  named  annually  by  the  dele- 
gates of  each  state,  and  where  they  cannot  agree,  by 
the  United  States  assembled. 


1776.]  CONFEDERATION.  597 

This  council  shall  have  power  to  receive  and  open 
all  letters  directed  to  the  United  States,  and  to  return 
proper   answers ;  but  not  to  make  any  engagements 
that  shall  be  binding  on  the  United  States ;  to  corres* 
pond  with  the  legislature  of  every   state,  and  all  per- 
sons acting  under  the  authority  of  the  United  States, 
or  of  the  said  legislatures  ;  to  apply  to  such  legisla- 
tures, or  to  the  officers   in  the  several  states,  who  are 
intrusted  with  the  executive   powers  of  government, 
for  occasional  aid  whenever  and  wherever  necessary  ; 
to  give  council  to  the  commanding  officers,  and  to  di- 
rect military  operations  by  sea  and  land,  not  changing 
any  objects  or  expeditions  determined  on  by  the  Unit- 
ed States  assembled,  unless  an  alteration  of  circum- 
stances   which  shall  come  to    the   knowledge  of  the 
council  after  the  recess  of  the  states  shall  make  such 
change  absolutely  necessary  ;  to  attend  to  the  defence 
and  preservation  of  forts  and  strong  posts  ;  to  procure 
intelligence  of  the  condition  and  designs  of  the  ene- 
my ;  to  expedite  the  execution  of  such  measures  as  may 
be  resolved  on  by  the  United  States  assembled,  in  pur- 
suance of  the  powers  hereby  given  to  them  ;  to  draw 
upon   the  treasurers  for  such  sums  as  may  be  appro- 
priated by  the  United  States  assembled,  and  for  the 
payment  of  such  contracts  as  the  said  council  may 
make   in  pursuance  of  the  powers    hereby  given   to 
them  ;  to  superintend  and  control  or  suspend  all  offi- 
cers, civil  and  military,  acting  under  the  authority  of 
the  United  States.     In  case  of  the  death  or  removal 
of  any   officer  within  the  appointment  of  the  United 
States  assembled,  to  employ  a  person  to  fulfil   the  du- 
ties of  such   office,  until  the  assembly  of  the  states 
vol.  i.  38 


298  HISTORY  OF  THE  [Aug.  20,  1776. 

meet;  to  publish  and  disperse  authenlick  accounts  of 
military  operations  ;  to  summon  an  assembly  of  the 
states  at  an  earlier  day  than  that  appointed  for  their 
next  meeting,  if  any  great  and  unexpected  emergency 
should  render  it  necessary  for  the  safety  or  welfare  of 
the  United  States  or  any  of  them;  to  prepare  matters 
for  the  consideration  of  the  United  States,  and  to  lay 
before  them  at  their  next  meeting  all  letters  and  advi- 
ces received  by  the  council,  with  a  report  of  their  pro- 
ceedings ;  to  appoint  a  proper  person  for  their  clerk, 
who  shall  take  an  oath  of  secrecy  and  fidelity  before 
he  enters  on  the  exercise  of  his  office.  Seven  mem- 
bers shall  have  power  to  act.  In  case  of  the  death  of 
any  member,  the  council  shall  immediately  apply  to 
his  surviving  colleagues  to  appoint  some  one  of  them- 
selves to  be  a  member  thereof,  till  the  meeting  of  the 
states;  and  if  only  one  survives,  they  shall  give  im^ 
mediate  notice,  that  he  may  take  his  seat  as  a  counsel- 
lor till  such  meeting;. 


ARTICLE    XVI. 

Canada  acceding  to  this  confederation,  and  entirely 
joining  in  the  measures  of  the  United  States,  shall  be 
admitted  into,  and  entitled  to  all  the  advantages  of  this 
union.  But  no  other  colony  shall  be  admitted  into  the 
same,  unless  such  admission  be  agreed  to  by  nine 
states. 

These  articles  shall  be  proposed  to  the  legislatures 
of  all  the  United  States,  to  be  by  them  considered ; 
and  if  approved  by  them,  they  are  advised  to  autho- 
rize their  delegates  to  ratify  the  same  in  the  assembly 


April,  1777.]  CONFEDERATION.  299 

of  the  United  States ;  which  being  done,  the  articles 
of  this  confederation  shall  inviolably  be  observed  by 
every  state  ;  and  the  union  is  to  be  perpetual.  Nor 
shall  any  alteration,  at  any  time  hereafter,  be  made  id 
these  articles,  or  any  of  them,  unless  such  alteration 
be  agreed  to  in  an  assembly  of  the  United  States,  and 
be  afterwards  confirmed  by  the  legislatures  of  every 
state. 


TUESDAY,  APRIL  8,  1777. 

Ordered,  That  the  report  of  the  committee  of  the 
whole  house  on  the  articles  of  confederation,  be  taken 
into  consideration  on  Monday  next ;  and  that  two  days 
in  each  week  be  employed  on  that  subject  until  it  shall 
be  wholly  discussed  in  Congress. 

MONDAY,  APRIL  21,  1777. 

According  to  the  order  of  the  day,  Congress  pro- 
ceeded to  the  consideration  of  the  articles  of  confede- 
ration, as  reported  from  the  committee  of  the  whole 
house  ;  and  after  debate  thereon, 

Resolved,  That  the  farther  consideration  thereof  be 
postponed  to  Friday  next. 

FRIDAY,  APRIL  25,  1777. 

According  to  the  order  of  the  day,  Congress  resum- 
ed the  consideration  of  the  articles  of  confederation  as 
reported  by  a  committee  of  the  whole  \  and  after  de- 
bate, 


300  HISTORY  OF  THE  [June  26, 

Resolved,  That  the  farther  consideration  thereof  be 
postponed  to  Monday  next. 

MONDAY,  MAY  5,  1777. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation,  as  reported  by  the  committee  of  the 
whole  ;  and  after  debate  thereon, 

Resolved,  That  the  farther  consideration  thereof  be 
postponed. 

MONDAY,  JUNE  23,  1777. 

According  to  the  order  of  the  day,  Congress  took 
into  consideration  the  articles  of  confederation;  and 
after  debate, 

Resolved,  That  the  farther  consideration  thereof  be 
postponed  till  to-morrow. 

WEDNESDAY,  JUNE  25,  1777. 

Resolved,  That  to-morrow  be  assigned  for  taking 
into  consideration  the  articles  of  confederation. 

THURSDAY,  JUNE  26,  1777. 

According  to  the  order  of  the  day,  Congress  took 
into  consideration  the  articles  of  confederation  ;  and 
after  debate  thereon, 

Resolved,  That  the  farther  consideration  thereof 
be  postponed. 


1777.J  CONFEDERATION.  301 


THURSDAY,  OCTOBER  2,  1777. 

Resolved,  That  the  articles  of  confederation  be 
taken  into  consideration  to-morrow  morning,  at  eleven 
o'clock. 


MONDAY,  OCTOBER  6,  1777. 

FOUR    O'CLOCK,    P.    M. 

Ordered,  That  to-morrow  morning,  at  eleven  o'clock, 
Congress  take  into  consideration  that  part  of  the  arti- 
cle of  confederation  which  relates  to  the  mode  of 
voting  in  Congress. 

TUESDAY,  OCTOBER  7,  1777. 

FOUR  O'CLOCK,  P.  M. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  relative  to  the  mode  of  voting  in  Con- 
gress :  Whereupon,  it  was  moved, 

That  in  determining  questions,  Rhode  Island,  Dela- 
ware, and  Georgia,  shall  have  one  vote,  and  every 
other  state  shall  have  one  vote  for  every  fifty  thousand 
white  inhabitants  therein,  taken  and  transmitted  ac- 
cording to  the  directions  of  the  ninth  article  ;  and 
when  the  white  inhabitants  of  Rhode  Island,  Delaware 
and  Georgia,  shall  exceed  fifty  thousand,  the  number 
of  votes  to  be  given  by  such  state  shall  be  increased 
in  the  proportion  of  one  vote  for  every  fifty  thousand 
such  inhabitants,  that  an  equality  in  this  national  as- 
sembly may  be  preserved  as  nearly  as  possible  ;  and 


302 


HISTORY  OF  THE 


[Oct.  7, 


that  those  who  are  bound  by  measures,  and  are  to  pay 
taxes  demanded  by  an  assembly,  the  members  of 
which  are  elected,  not  by  all  the  people,  but  by  those 
of  a  particular  district,  may  have  the  same  propor- 
tionable number  of  votes  as  they  would  have  if  they 
were  personally  present.  If  in  process  of  time  the 
people  shall  so  multiply  as  that  the  Congress,  consist- 
ing of  one  delegate  for  every  fifty  thousand  white  in- 
habitants, would  be  too  numerous,  the  proportions 
shall  be  again  adjusted,  wherein  the  same  rule  of  equa- 
lity in  the  representation  shall  be  observed. 

New  Hampshire,       Mr.  Folsom.  No.  )»No. 


Massachusetts  Bay,  Mr. 
Mr. 


S.  Adams, 
J.  Adams, 
Gerry, 


Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 

Maryland, 


Mr. 

Mr.  Marchant, 


Mr. 
Mr. 
Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 
Mr. 
Mr. 


Dyer, 

Law, 

Williams, 

Duane, 
Duer, 


Witherspoon,  No. 

Roberdeau,      Ay. 

Chase,  No. 

Carroll,  No. 

Smith,  No. 


No. 


1777.) 
Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


CONFEDERATION. 

Mr.  Harrison, 
Mr.  F.  L.  Lee, 

Mr.  Jones, 


303 


AyO 

Z  K 


Mr.  R.  H.  Lee,     Ay.  J 

x/*  }  Divided. 
No.  5 


Mr.  Penn, 
Mr.  Harnett, 


Mr.  Middleton, 
Mr.  Heyward, 
Mr.  Laurens, 

Mr.  Walton, 
Mr.  Brovvnson, 


So  it  passed  in  the  negative. 

It  was  then  moved, 

That  each  state  shall  have  a  right  to  send  one  dele- 
gate to  Congress  for  every  thirty  thousand  of  its  in- 
habitants ;  and  in  determining  questions  in  Congress, 
each  delegate  shall  have  one  vote. 

New  Hampshire,      Mr.  Folsom,  No.  ^No. 


Massachusetts  Bay,  Mr.  S.  Adams, 
Mr.  J.  Adams, 


Rhode  Island, 
Connecticut. 

New  York, 
New  Jersf  \ 


Mr.  Gerry, 

Mr.  Marchant, 

Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


No.  >No. 

No.) 
No.>  No. 
No.S 


No. 


Nc. 


No.^ 
Mr.  Withcrspoon,  No.  ^No 


Pennsylvania, 
Maryland, 

Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


HISTORY  OF  THE 
Mr.  Roberdeau, 

Mr.  Chase, 
Mr.  Carroll, 
Mr.  Smith, 

Mr.  Harrison, 
Mr.  Jones, 
Mr.  F.  L.  Lee, 
Mr.  R.  H.  Lee, 

Mr.  Penn, 
Mr.  Harnett, 

Mr.  Middleton, 
Mr.  Heyward, 
Mr.  Laurens, 

Mr.  Walton, 
Mr.  Brownson, 


[Oct.  % 


No.  >No. 


Ay.^ 

Ay-  Iay 

Ay.  f  Ay* 
Ay.J 

Ay. 

No. 


No. 
No. 


Divided. 


Ay.) 

No. }  No. 

No.S 


No. 


So  it  passed  in  the  negative. 

It  was  then  moved, 

That  the  quantum  of  representation  of  each  state 
shall  be  computed  by  numbers  proportioned  according 
to  its  contribution  of  money  or  tax  levied,  agreeable 
to  this  confederation,  and  paid  into  the  publick  trea- 
sury towards  the  annual  expenses  necessary  for  the 
support  of  the  union. 

New  Hampshire,       Mr.  Folsom,  No.  )*No. 

Massachusetts  Bay,  Mr.  S.  Adams, 
Mr.  J.  Adams, 
Mr.  Gerry, 


Rhode  Island. 


Mr.  Marchant,       No.  y 


1777.] 

Connecticut, 

New  York, 

New  Jersey, 
Pennsylvania, 

Maryland, 
Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


CONFEDERATION. 

Mr.  Dyer, 
Mr.  Law, 

Mr.  Williams, 


No.) 
No.S  No. 
No.S 


Mr.  Duane, 
Mr.  Duer, 


No.)  M 
No.  I  No' 

Mr.  Witherspoon,  No.  )>No. 

Mr.  Morris,  No. 

Mr.  Roberdeau,     No 

Mr.  Chase, 
Mr.  Carroll, 
Mr.  Smith, 

Mr.  Harrison, 

Mr.  Jones, 

Mr.  F.  L.  Lee, 

Mr.  R.  H.  Lee,     Ay.J 


Mr.  Penn, 
Mr.  Harnett, 

Mr.  Middleton, 
Mr.  Heyward, 
Mr.  Laurens, 

Mr.  Walton, 
Mr.  Brownson, 


No. 
No. 


No. 


Ay.) 

No. }  No. 
No.^ 


No. 
No 


!  \ No* 


So  it  passed  in  the  negative. 

The  question  put  on  the  article  as  reported — 


New  Hampshire, 

Mr.  Folsom, 

Ay. 

)>Ay. 

Massachusetts, 

Mr.  S.  Adams, 
Mr.  J.  Adams, 
Mr.  Gerry, 

Ay. 

No. 
Ay. 

i  Ay. 

Rhode  Island, 

Mr.  Marchant, 

Ay. 

)>Ay. 

VOL.  I. 

39 

30C 

Connecticut, 

New  York, 

New  Jersey, 
Pennsylvania, 

Maryland, 
Virginia, 

North  Carolina, 
South  Carolina, 

Georgia, 


HISTORY  OF  THE  [Oct.  7, 

Ay.) 

A,    V 


Mr.  Dyer, 
Mr.  Law. 
Mr.  Williams, 


Mr.  Duane, 
Mr.  Duer, 


Ay.V  Ay. 

Ay.) 

Ay'  I  Av. 

Ay.  5 


Mr.  Witherspoon,  Ay.  ^»Ay. 

Mr.  Morris,  Ay.  )   . 

Mr.  Roberdeau,    Ay.  J 


Mr.  Chase, 

Mr  Carroll, 
Mr.  Smith, 


Mr.  Harrison,  No.' 

Mr.  Jones,  No. 

Mr.  F.  L.  Lee,  No. 

Mr.  R.  H.  Lee,  No. 


Mr.  Penn, 
Mr.  Harnett, 


No. 
Ay. 


►No. 


Divided. 


Mr.  Middleton,  No.  } 

Mr.  Hey  ward,  Ay.  >  Ay. 

Mr.  Laurens,  Ay.) 

Mr.  Walton,  Ay.  )   . 

Mr.  Brownson,  Ay.  5 


So  it  was  resolved,  That  in  determining  questions 
each  state  shall  have  one  vote. 


1T77.]  CONFEDERATION.  407 


WEDNESDAY,  OCTOBER  8,  1777. 

FOUR    O'CLOCK,    P.    M. 

Resolved,  That  tomorrow  Congress  take  into  con- 
sideration that  part  of  the  articles  of  confederation 
that  relates  to  taxation. 


THURSDAY,  OCTOBER  9,  1777. 

FOUR    O'CLOCK,    P.    M. 

The  article  relating  to  taxation  in  the  confederation 
reported  by  the  committee  of  the  whole  Congress  was 
read  as  follows : 

"  All  charges  of  war,  and  all  other  expenses  that 
"  shall  be  incurred  for  the  common  defence  or  general 
"  welfare,  and  allowed  by  the  United  States  assembled, 
"  shall  be  defrayed  out  of  a  common  treasury,  which 
"  shall  be  supplied  by  the  several  stales  in  proportion 
"  to  the  number  of  inhabitants  of  every  age,  sex  and 
"  quality,  except  Indians  not  paying  taxes,  in  each 
"  state  ;  a  true  account  of  which,  distinguishing  the 
"  white  inhabitants,  shall  be  tricnnially  taken  and 
"  transmitted  to  the  assembly  of  the  United  States. 
"  The  taxes  for  paying  that  proportion  shall  be  laid 
"  and  levied  by  the  authority  and  direction  of  the  le- 
"  gislatures  of  the  several  states  within  the  time  agreed 
"  upon  by  the  United  states  assembled." 

After  debate  thereon, 

Resolved,    That  the   farther   consideration   thereof 
be  postponed  till  to-morrow. 


308  HISTORY  OF  THE  [Oct.  13, 


FRIDAY,  OCTOBER  10,  1777. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  under  debate  yesterday  ;  and  after 
some  time, 

Resolved,  That  the  farther  consideration  thereof 
be  postponed  till  to-morrow. 

SATURDAY,  OCTOBER  11,  1777. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  article  of 
confederation  last  under  debate  ;  and  after  some  time 
spent  thereon, 

Resolved,  That  the  farther  consideration  thereof  be 
postponed  to  Monday  next. 

MONDAY,  OCTOBER  13,  1777. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  article 
of  confederation  under  debate  :  Whereupon,  it  was 
moved, 

That  the  proportion  of  the  publick  expense  incur- 
red by  the  United  Stales  for  their  common  defence 
and  general  welfare,  to  be  paid  by  each  state  into  the 
treasury,  be  ascertained  by  the  value  of  all  property, 
except  household  goods  and  wearing  apparel,  within 
each  state,  to  be  ascertained  agreeable  to  the  direc- 
tions of  Congress. 


1777.]  CONFEDERATION.  309 

Question  put,  passed  in  the  negative. 

Another  amendment  was  moved  ;  and  after  debate, 
the  determination  thereof,  at  the  request  of  a  slate, 
was  postponed  till  to-morrow. 

TUESDAY,  OCTOBER  14,  1777. 

Congress  resumed  the  consideration  of  the  amend- 
ment moved  yesterday,  viz.  "  That  the  proportion  of 
"  the  publick  expense  incurred  by  the  United  Siaie3 
"  for  their  common  defence  and  general  welfare,  to  be 
"  paid  by  each  state  into  the  treasury,  be  ascertained 
"  by  the  value  of  all  land  within  each  slate  granted  to, 
"  or  surveyed  for  any  person,  as  such  land,  the  build- 
"  ings  and  improvements  thereon,  shall  be  estimated 
"  according  to  such  mode  as  Congress  shall  from  time 
"  to  time  direct  and  appoint." 

New  Hampshire,       Mr.  Folsom,  No.  ^-No. 

Massachusetts  Bay,  Mr.  S.  Adams,  No.^\ 

Mr.  J.  Adams,  No.  1  „ 

Mr.  Gerry,  No.  f 

Mr.    Lovell,  No.J 

Rhode  Island,  Mr.  Marchant,      No.  )>No. 

Connecticut,  Mr.  Dyer, 

Mr.  Law, 
Mr.  Williams, 

New  York,  Mr.  Duane,  No.  )  D 

Mr.  Duer,  Ay.  J 


New  Jersey, 


Mr.  Witherspoon,  Ay.  )   . 
Mr.  Elmer,  Ay.  $ 


310 

Pennsylvania, 
Maryland, 

Virginia, 

North  Carolina, 

South  Carolina, 


HISTORY  OF  THE 

Mr.  Morris, 
Mr.  Roberdeau, 

Mr.  Chase, 
Mr.  Carroll, 
Mr.  Smiih, 


[Oct.  14, 


No.y^ 


IVIDED. 


Ay.  )>Ay. 

Ay.j 


Mr.  Jones,  Av.  } 

Mr.  F.  L.  Lee,     Ay. }  Ay. 
Mr.  R.H.Lee,     Ay.) 


Mr.  Ponn, 
Mr.  Burke, 
Mr.  Harnett, 


Ay. 

Ay. 
Ay. 


Mr.  Middleton,  Ay. 
Mr.  Hcyward,  Ay. 
Mr.  Laurens,         Ay. 


Ay. 


Ay. 


So  it  was  resolved  in  the  affirmative. 

FOUR    O'CLOCK,    V.    M. 

Congress  took  into  consideration  that  part  of  the 
articles  of  confederation  relative  to  the  manner  of  con- 
stituting the  Congress  of  the  United  States. 

On  the  question  put, 

Resolved,  That  no  person  shall  be  capable  of  being 
a  delegate  for  more  than  three  years  in  any  term  of 
six  years. 

It  was  then  moved, 

That  no  state  shall  be  represented  in  Congress  by 
less  than  two,  nor  by  more  than  seven  members. 


New  Hampshire,       Mr.  Folsom,  No.  )»No. 


1777.] 


CONFEDERATION. 


ISll 


Massachusetts  Bay,  Mr  S.  Adams, 
Mr.  J.  Adams, 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 
Pennsylvania, 
Maryland, 

Virginia, 

North  Carolina, 

South  Carolina, 


Mr.  Gerry, 
Mr.  Lovell, 


Mr.  Marchant,       No.  )>No. 


Mr.  Dyer, 
Mr.  L«w» 

Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


£iA- 


Mr.  Witherspoon,No.  >  » 
Mr.  Elmer,  No.  j  J>l°" 

Mr.  Morris,  Ay.  )  v 

Mr.  Roberdeau,    Ay.  $ 


Mr.  Chase, 
Mr.  Carroll, 
Mr.  Smith, 


Mr.  Jones,  Ay.  } 

Mr.  F.  L.  Lee,      Ay.  >  Ay. 
Mr.  R.  H.  Lee,     Ay.) 


Mr.  Penn, 
Mr.  Burke, 
Mr.  Harnett, 


Ay. ) 

Ay.  >  Ay. 
Ay.S 


Mr.  Middleton,      Ay.^j 
Mr.  Heyward,        Ay.  >Ay. 
Mr.  Laurens,         Ay. J 


So  it  was  resolved  in  the  affirmative. 


312  HISTORY  OF  THE  [Oct.  15, 


WEDNESDAY,  OCTOBER  15,  1777. 

Congress  took  into  consideration  the  article  of  con- 
federation relative  to  the  powers  of  Congress ;  and 
after  debate, 

Resolved,  That  the  farther  consideration  thereof  be 
postponed  to  the  afternoon. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  article  of 
confederation  under  debate  this  morning:  Whereon,  it 
was  moved, 

That  in  order  to  render  the  present  union  and  con- 
federacy firm  and  perpetual,  it  is  essential  that  the 
limits  of  each  respective  territorial  jurisdiction  should 
be  ascertained  by  the  articles  of  confederation  ;  and 
therefore  it  is  recommended  to  the  legislatures  of  eve- 
ry state  to  lay  before  Congress  a  description  of  the 
territorial  lands  of  each  of  their  respective  states,  and 
a  summary  of  the  grants,  treaties,  and  proofs,  upon 
which  they  are  claimed,  or  established. 

New  Hampshire,       Mr.  Folsom,  No.  ^No. 

Massachusetts  Bay,  Mr.  S.  Adams,  No."} 

Mr.  J.  Adams,  No.  I  K 

Mr.  Gerry,  No.  f m* 

Mr.  Lovell,  No.  J 

Rhode  Island,  Mr.  Marchant,      No.  ^No. 

Connecticut,  Mr.  Dyer,  No.  } 

Mr.  Law,  No.£  No. 

Mr.  Williams,       Ay.) 


1777.] 

New  York, 

New  Jersey, 

Pennsylvania, 
Maryland, 

Virginia, 

North  Carolina, 
South  Carolina, 


CONFEDERATION. 

Mr.  Duane, 
Mr.  Duer, 


313 


ftiA- 


Mr.  Witherspoon,  No.  \  N 
Mr.  Elmer,  No.  $  iN0, 

Mr.  Morris,  Ay.  )»Ay. 

Ay. 


Mr.  Chase, 
Mr.  Carroll, 
Mr.  Smith, 


Mr.  Jones, 

Mr.  F.  L.  Lee,     No. 

Mr.  R.  H.  Lee,    No. 


No. 


Mr.  Penn, 
Mr.  Harnett, 


No.  )  M 

No.  I  No' 


Mr.  Middleton,     No.} 
Mr.  Heyward,       No.  >  No. 
Mr.  Laurens,        N0.3 


So  it  passed  in  the  negative. 

It  was  then  moved, 

That  the  United  States  in  Congress  assembled  shall 
have  the  sole  and  exclusive  right  and  power  to  ascer- 
tain and  fix  the  western  boundary  of  such  states  as 
claim  to  the  South  Sea  ;  and  to  dispose  of  all  land 
beyond  the  boundary  so  ascertained  for  the  benefit  of 
the  United  States. 

Question  put, 

Passed  in  the  negative. 

It  was  then  moved, 

That  the  United  States  in  Congress  assembled  shall 
have  the  sole  and  exclusive  right  and  power  to  ascer- 
tain and  fix  the  western  boundary  of  su«h  states  as  claim 
vol.  i.  40 


314 


HISTORY  OF  THE 


[Oct.  15, 


to  the  Mississippi,  or  South  Sea,  and  lay  out  the  land 
beyond  the  boundary  so  ascertained  into  separate  and 
independent  states,  from  time  to  time,  as  the  numbers 
and  circumstances  of  the  people  thereof  may  require. 


New  Hampshire, 
Massachusetts, 

Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 
Maryland, 

Virginia, 

"North  Carolina, 
South  Carolina, 


Mr.  Folsom,  No.  )>No. 


Mr.  S.  Adams, 
Mr.  J.  Adams, 
Mr.  Gerry, 
Mr.  Lovell, 


No.^ 
No.  I  v 
No.  >No* 
No.J 


Mr.  Marchant,      No.  )«No. 


Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


No. 
No. 


;  \  N°- 

Mr.  Witherspoon,  No.  )  n 
Mr.  Elmer,  Ay.  $  U 


IVIDED. 


Mr.  Morris,  No.  ^No. 


Mr.  Chase, 
Mr.  Carroll, 
Mr.  Smith, 

Mr.  Jones, 
Mr.  F.  L.  Lee, 
Mr.  R.  H.  Lee, 
Mr.  Harvie, 

Mr.  Penn, 
Mr.  Harnett, 

Mr.  Middleton, 
Mr.  Heyward, 

Mr.  Laurens, 


4777.]  CONFEDERATION,  .1  - 

So  it  passed  in  the  negative. 

TUESDAY,  OCTOBER  21,  1777. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  as  reported  by  the  committee  of  the 
whole.     In  debating  the  sixth  article  it  was  moved, 

That  instead  of  "  No  state  shall  lay  any  imposts  or 
11  duties  which  may  interfere  with  any  stipulations  in 
11  treaties  hereafter  entered  into  by  the  United  States 
"  assembled  with  any  king,  prince  or  state,"  it  should 
run  thus — "  No  state  shall  lay  any  imposts  or  duties 
"  upon  goods,  wares  or  merchandise  imported  or  ex- 
"  ported  by  any  foreign  nation  with  whom  the  United 
"  States  assembled  shall  enter  into  any  commercial 
"  treaty,  other  than  what  shall  be  laid  upon  the  in- 
"  habitants  of  such  state  ;  provided  that  any  state  may 
"  totally  prohibit  the  exportation  or  importation  of 
"  any  particular  species  of  goods,  wares  or  merchan- 
"  dise ;  and  provided  also,  that  if  any  foreign  nation 
"  shall  not  allow  the  same  privileges,  exemptions  or 
"  advantages  to  the  people  and  vessels  of  any  state 
f  trading  in  their  ports,  as  to  their  own  people  and 
"  vessels,  the  said  state  may  disallow  the  like  privi- 
"  leges,  exemptions  and  advantages  to  those  foreign- 
"  ers."  After  some  debate  thereon,  the  consideration 
thereof  was  postponed  to  the  afternoon. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  amend- 
ment moved  this  morning;  and  the  question  being  put, 
the  states  were  equally  divided. 


31«  HISTORY  OF  THE  [Oct.  23, 


THURSDAY,  OCTOBER  23,  1777. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation. 

A  motion  was  made  to  strike  out  the  word  "  hereaf- 
"  ter,"  and  to  add  to  the  paragraph  under  debate  on 
Tuesday  these  Avords,  "  in  pursuance  of  any  treaties 
"  already  proposed  by  Congress  to  the  courts  of 
"  France  or  Spain  :" 

And  on  the  question  put, 

Resolved  in  the  affirmative. 

On  the  paragraph  restraining  the  several  states  from 
granting  commissions  to  vessels  of  war,  or  letters  of 
marque  and  reprisal,  it  was  moved  to  add  "  unless  such 
"  state  be  infested  by  pirates;  in  which  case  vessels 
"  of  war  may  be  fitted  out  for  that  occasion,  and  kept 
"  so  long  as  the  danger  shall  continue,  or  until  the 
"  United  States  in  Congress  assembled  shall  determine 
"  otherwise." 

On  the  question  put, 

Resolved  in  the  affirmative. 

On  the  article  respecting  the  powers  of  Congress,  a 
motion  was  made  to  add  to  the  first  paragraph  "  pro- 
"  vided  that  no  member  of  Congress  shall  be  appointed 
"  a  judge  of  any  of  the  said  courts." 

Question  put, 

Resolved  in  the  affirmative. 

Another  amendment  was  moved  after  the  word  "  en- 
"  tering  into  treaties  and  alliances,"  to  insert  "  pro- 
"  vided  that  no  treaty  of  commerce  shall  be  made 
u  whereby    the    legislative   power  of  the  respective 


1777.J 


CONFEDERATION. 


317 


"  states  shall  be  restrained  from  imposing  such  im- 
"  posts  and  duties  on  foreigners,  as  their  own  people 
"  are  subjected  to,  or  from  prohibiting  the  exportation 
"  or  importation  of  any  species  of  goods  or  commodi- 
"  ties  whatsoever." 

After  debate,  the  farther  consideration  thereof  was 
postponed  to  the  afternoon.  ' 


FOUR    O'CLOCK,    P.    M. 

\ 

Congress  resumed  the  consideration  of  the  para- 
graph in  the  confederation  under  debate  this  morn- 
ing; which  being  divided,  and  the  question  being 
put  on  the  first  part  as  far  as  the  disjunctive  "  or" — 

New  Hampshire,       Mr.  Folsom,  No.  )>No. 

Massachusetts  Bay,  Mr.  S.  Adams,       Ay.  1 

Mr.  J.  Adams,       Ay.  }  Ay. 
Mr.  Lovell, 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 
Pennsylvania, 
Maryland. 


Mr.  Marchant, 

Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


Ay.) 

No.  >No. 

No.) 
No.  \  No. 


Ay) 
Ay.  5 


Ay. 


M 
M 


r.  Witherspoon,No.  )  j-. 
r.  Elmer,  Ay.  } 


ivided. 


Mr.  Morris,  Ay.  )  Ay 

Mr.  Roberdeau,     Ay.  $ 


Mr.  Smith, 


Ay.  )>Ai 


318  HISTORY  OF  THE  [Oct.  26: 

Virginia,  Mr.  Jones,  Ay.^ 

Mr.  R.  H.  Lee,  Ay.  I  . 

Mr.  F.  L.  Lee,  Ay.  f  AY* 

Mr.  Harvie,  -Ay. J 

North  Carolina,         Mr.  Pcnn,  Ay.  )   . 


Mr.  Harnett,  Ay. 


South  Carolina,        Mr.  Heyward 
Mr.  Laurens 


d,        Ay.  )  D 
,  No.  I  D 


IVIDED. 


So  it  was  resolved  in  the  affirmative. 

The  question  was  then  put  on  the  second  part,  and 
resolved  in  the  affirmative. 

Resolved,  That  the  farther  consideration  of  the  ar- 
ticle be  postponed  till  to-morrow. 

FRIDAY,  OCTOBER  24,  1777. 

Congress  resumed  the  consideration  of  the  article 
of  confederation  respecting  the  powers  of  Congress  ; 
and  after  some  time  the  farther  consideration  thereof 
was  postponed. 

Congress  resumed  the  consideration  of  the  article  of 
confederation  relative  to  the  powers  of  Congress  ;  and 
after  some  time  spent  thereon,  adjourned  to  ten  o'clock 
to-morrow. 

SATURDAY,  OCTOBER  25,  1777. 

Congress  resumed  the  consideration  of  the  article 
of  confederation  respecting  the  powers  of  Congress : 
Whereupon,. 


1777.]  CONFEDERATION.  319 

It  was  moved  to  strike  out  "  coining  money,  and  re- 
"  gulating  the  value  thereof,"  and  insert,  "  regulating 
"  the  alloy  and  value  of  coin  struck  by  their  own  au- 
"  thority,  or  by  that  of  the  respective  states.'1 

And  the  question  being  put, 

Resolved  in  the  affirmative. 

Resolved,  That  the  farther  consideration  of  the 
articles  of  confederation  be  postponed  to  Monday  next. 

MONDAY,  OCTOBER  27,  1777. 

Congress  resumed  the  consideration  of  the  article  of 
confederation  respecting  the  powers  of  Congress : 
Whereupon, 

It  was  moved,  to  strike  out  these  words,  "  deciding 
"  all  disputes  and  differences  now  subsisting,  or  that 
44  hereafter  may  arise  between  two  or  more  states 
"  concerning  boundaries,  jurisdictions,  or  any  other 
"  cause  whatever ;"  and  instead  thereof,  to  insert 
:t  The  United  States  in  Congress  assembled  shall  also 
"  be  the  last  resort  on  appeal  in  all  disputes  and  dif- 
"  ferences  now  subsisting,  or  that  may  hereafter  arise, 
"  between  two  or  more  states,  concerning  boundaries, 
"jurisdiction,  or  any  other  cause  whatever;  which 
"  authority  shall  always  be  exercised  in  the  manner  fol- 
"  lowing  :  Whenever  the  legislature  or  executive  au- 
"  thority,  or  lawful  agent  of  any  state  in  controversy 
*'  with  another,  shall  present  a  petition  to  Congress, 
"  stating  the  matter  in  question,    and   praying  for  a 

I"  hearing,  notice  thereof  shall  be  given  by  order  of 
kC  Congress  to  the  legislative  or  executive  authority  of 
M  the  other  state  in  controversy  ;  and  a  day  assigned  for 
;'  the  appearance  of  the  parties  by  their  lawful  agent?. 


820  HISTORY  OF  THE  [Oct.  27, 

"  who  shall  then  be  directed  to  appoint  by  joint  consent 
"  commissioners  or  judges  to  constitute  a  court  for 
M  hearing  and  determining  the  matter  in  question  ;  but 
"  if  they  cannot  agree,  Congress  shall  name  three  per- 
tl  sons  out  of  each  of  the  United  States,  and  from  the  list 
"  of  such  persons,  each  party  shall  alternately  strike 
"  out  one,  the  petitioners  beginning,  until  the  number 
"  shall  be  reduced  to  thirteen  ;  and  from  that  number  not 
"  less  than  seven,  nor  more  than  nine  names,  as  Con- 
"  gress  shall  direct,  shall  in  the  presence  of  Congress 
"  be  drawn  out  by  lot ;  and  the  persons  whose  names 
"  shall  be  so  drawn,  or  any  five  of  them,  shall  be  com- 
"  missioners  or  judges  to  hear  and  finally  determine  the 
"  controversy  ;  so  always  as  a  major  part  of  the  judges 
"  who  shall  hear  the  cause,  shall  agree  in  the  delermi- 
•'  nation.  And  if  either  party  shall  neglect  to  attend  at 
"  the  clay  appointed,  without  showing  reasons  which 
"  Congress  shall  judge  sufficient,  or,  being  present, 
"  shall  refuse  to  strike,  the  Secretary  of  Congress 
•;  shall  do  it  in  behalf  of  such  party  ;  and  the  judgment 
"  and  sentence  of  the  court  to  be  appointed  in  the  man- 
"  ner  before  prescribed,  shall  be  final  and  conclusive. 
"  And  if  any  of  the  parties  shall  refuse  to  submit  to- 
"  the  authority  of  such  court,  or  to  appear,  or  defend 
u  their  claim  or  cause,  the  court  shall  nevertheless 
"  proceed  to  pronounce  sentence  or  judgment,  which 
"shall  in  like  manner  be  final  and  decisive;  Uiejudg- 
"  ment  or  sentence  and  other  proceedings  being,  in 
"  either  case,  transmitted  to  Congress,  and  lodged 
"  among  the  acts  of  Congress  for  the  security  of  the 
*l  parties  concerned  :  Provided,  that  every  commission- 
"  er,  before  he  sits  in  judgment,  shall  take  an  oath,  to 


1777.] 


CONFEDERATION. 


321 


"  be  administered  by  one  of  the  judges  of  the  supreme 
"  or  superior  court  of  the  state  where  the  cause  shall 
"be  tried,  well  and  truly  to  hear  and  determine  the 
<f  matter  in  question  according  to  the  best,  of  his  judg- 
"  ment,  without  favour,  affection,  or  hope  of  reward  ; 
"  provided  also,  that  no  state  shall  be  deprived  of  ter- 
"  ritory  for  the  benefit  of  the  United  States." 


New  Hampshire, 
Massachusetts, 

Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 
Virginia, 

North  Carolina, 
South  Carolina, 


Mr.  Folsom,  No.  )>No. 


Mr.  S.  Adams, 
Mr.  J.  Adams, 
Mr.  Gerry, 

Mr.  Marchant, 

Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


ft!*- 


Mr 

Mr 


■.  Witherspoon,  No.  )  ^\ 
;.  Elmer,  Ay.  $ 

Mr.  Roberdeau,      Ay.  }>Ay. 


ivided. 


Mr.  Jones, 
Mr.  R.  H.  Lee, 
Mr.  F.  L.  Lee, 
Mr.  Harvie, 

Mr.  Penn, 
Mr.  Harnett, 

Mr.  Heyward, 
Mr.  Laurens, 


Ay.-| 


Ay. 
Ay. 


*v  1 
Ay.J 

Ay.  2 

Ay.  ] 

Ay. 

No. 


>Ay. 


Ay. 


Divided. 


vol.  r. 


41 


3-22  HISTORY  OF  THE  [Oct.  28, 

So  it  was  resolved  in  the  affirmative. 

pour  o'clock,  p.  m. 

Congress  resumed  the  consideration  of  the  article  in 
confederation  last  under  debate. 

A  motion  was  made  to  strike  out  the  words  "  not 
-;  members  of  any  of  the  states  ;"  and  instead  thereof 
to  insert  "  not  residing  within  the  limits  of  any  of  the 
"  United  States." 

Another  motion  was  made  to  amend  the  clause,  so 
as  to  read  thus  :  "  managing  all  affairs  relative  to  war 
''  and  peace  with  all  Indians  not  members  of  any  par- 
"  ticular  state  ;  and  regulating  the  trade  with  such 
"  nations  and  tribes  as  are  not  resident  within  such 
"  limits  wherein  a  particular  state  claims  and  actually 
"  exercises  jurisdiction."     After  debate, 

Resolved,  That  the  farther  consideration  thereof 
be  postponed  till  to-morrow. 

TUESDAY,  OCTOBER  28,  1777. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  ;  and  after  debating  on  the  amend- 
ments moved  yesterday,  adjourned  to  four  o'clock. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  ;  and  instead  of  the  two  amendments 
proposed,  it  was  moved  to  add  to  the  clause,  these 
words:    "Provided,  that  the  legislative   right  of  any 


1777.]  CONFEDERATION.  3£5 

"  state  within  its  own  limits  be  not  infringed  or  vie- 
"  lated." 

And  the  question  being  put, 

Resolved  in  the  affirmative. 

WEDNESDAY,  OCTOBER  29,  1777. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation,  when  the  following  amendments  were 
moved  and  agreed  to  : 

Instead  of  "  general  officers,"  to  read  "  all  officers." 
After  "  United  States,"  to  add,  "  excepting  regimen- 
"  tal  officers,  and  commissioning  all  officers  what- 
"  ever." 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  ;  and  after  some  time  spent  thereon, 
adjourned  to  ten  o'clock  to-morrow. 

THURSDAY,  OCTOBER  30,  1777. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation,  when  the  following  amendments  were 
moved  and  agreed  to,  viz.  Strike  out  "  council  of 
il  state,"  &c.  and  read,  "  The  United  States  in  Con- 
"  gress  assembled  shall  have  authority  to  appoint  a 
M  committee  to  sit  in  the  recess  of  Congress,  to  be  de- 
"  nominated  a  committee  of  the  states,  and  to  consist 
"  of  one  delegate  from  each  stale,  and  to  appoint  such 
Mother  committees,"  &c. 


324  HISTORY  OF  THE  [Oct.  30, 

In  the  next  clause,  strike  out,  "  and  a  suitable  per- 
"  so:,  lor  secretary,"  and  read,  "  to  appoint  one  of 
"  theii  number  to  preside."  To  change  the  words 
"  agree  on  and  fix,"  for  the  word  "  ascertain  ;"  and 
to  amend  the  clause  to  read  thus — "  To  ascertain  the 
"  necessary  sums  of  money  to  be  raised  for  the  ^er- 
"  vice  of  the  United  States,  and  to  appropriate  and 
"  apply  the  same  for  defraying  the  publick  expenses." 

On  the  clause  for  adjournment  to  add,  "  so  that  no 
"  period  of  adjournment  be  for  a  longer  duration  than 
"  the  space  of  six  months." 

In  the  clause  for  borrowing  or  emitting  money,  to 
add,  "  transmitting  every  half  year  to  the  respective 
"  states  an  account  of  the  sums  of  money  so  borrowed 
"  or  emitted." 

To  amend  the  clause  for  calling  upon  the  states  for 
their  quota  of  troops,  so  that  each  state  may  "  clothe" 
as  well  as  arm,  &c.  its  quota   of  troops. 

It  was  then  moved  after  the  words  "  unless  nine 
"  states  shall  assent  to  the  same,"  to  insert  "  Provided, 
"  that  the  nine  states  so  assenting  shall  comprehend  a 
:;  majority  of  the  people  of  the  United  States,  exclud- 
"  ing  negroes  and  Indians  ;  for  which  purpose  a  true 
"  account  of  the  number  of  free  people  in  each  state 
"  shall  be  triennially  taken  and  transmitted  to  the  as- 
"  sembly  of  the  United  States." 

New  Hampshire,      Mr.  Folsom,  No.  )>No. 


Massachusetts  Bay,  Mr.  S.  Adams, 
Mr.  J.  Adams, 


Ay.") 

No. 


Mr.  Gerry,  No. 


Mr.  Lovell,  No.J 


)>No. 


1777.] 

Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 

Maryland, 

Virginia, 

North  Carolina, 
South  Carolina, 


CONFEDERATION. 

Mr.  Marchant, 

Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


No.  y 


No. 


Mr.  Witherspoon,  No.  \  K 
Mr.  Elmer,  No.  $  no' 


Mr.  Roberdeau, 

Mr.  Smith, 

Mr.  Jones, 
Mr.  R.  H.  Lee, 
Mr.  F.  L.  Lee, 
Mr.  Harvie, 

Mr.  Penn, 
Mr.  Harnett, 

Mr.  Heyward, 
Mr.  Laurens, 


Ay. 


No.  )  M 
No.$No* 


No. 
No. 


No. 


So  it  passed  in  the  negative. 

It  was  then  moved  and  agreed  to  amend  the  clause. 
"  No  person  holding  any  office  under  the  United  States 
"  for  which  he  or  another  for  his  benefit  receives  any 
"  salary,  fees  or  emolument  of  any  kind,  shall  be  capa- 
"  ble  of  being  a  delegate,"  and  read  "  no  person  being 
"  a  delegate  shall  be  capable  of  holding  any  office 
"  under  the  United  States  for  which  he  or  any  other 
"  for  his  benefit  receives  any  salary,  fees  or  emolument 
"  of  any  kind." 


326 


HISTORY  OP  THE 


[Oct.  30, 


On  the  clause  for  entering  the  yeas  and  nays,  it 
was  moved,  after  the  words  "on  any  question,"  to  in- 
sert, "  except  on  a  previous  question  ;"  and  instead 
of  "  when  it  is  desired  by  any  delegate,"  to  read, 
"  when  it  is  desired   by  any  state." 

And  a  question  being  severally  put, 

Passed  in  the  negative. 

The  question  was  then  put  to  agree  to  the  clause. 

New  Hampshire,      Mr.  Folsom,  Ay.  )>x 

Massachusetts  Bay,  Mr.  S.  Adams,       Ay.*"! 
Mr.  J.  Adams,       Ay.  I. 


Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 

Pennsylvania, 

Maryland, 

Virginia, 

North  Carolina, 


Mr.  Gerry, 
Mr.  Lovell, 

Mr.  Marchant, 

Mr.  Dyer, 
Mr.  Law, 

Mr.  Williams, 

Mr.  Duane, 
Mr.  Duer, 


Ay.J 

No.  y 

Ay. I 


a      }  Ay. 

Ay.  5 


Mr.  Witherspoon,Ay.  )  A 
Mr.  Elmer,  Ay.  }  Ar' 

Mr.  Roberdeau,     Ay.  ^X 

Mr.  Smith,  Ay.  )>x 


Mr.  Jones, 


AyO 


Mr.  R.  H.  Lee,     Ay.  I   . 
Mr.  F.  L.  Lee,     Av 
Mr.  Harvie, 


Mr.  Penn, 
Mr.  Harnett, 


Ay.. 
Ay.J 

Ay- 5 


1777.3  CONFEDERATION.  327 

South  Carolina,        Mr.  Heyward,       Ay.  >  •» 
Mr.  Laurens,         No.  3 

So  it  was  resolved  in  the  affirmative. 


DED. 


FRIDAY,  NOVEMBER  7,  1777. 


FOUR    O'CLOCK,    P.    AI. 

Congress  resumed  the  consideration  of  the  articles 
of  confederation  :  Whereupon,  it  was  moved, 

After  the  words  "  to  appoint  one  of  their  number  to 
"  preside,"  to  add,  "  provided  that  no  person  be  al- 
"  lowed  to  serve  in  that  office  more  than  one  year  in 
"  any  term  of  three  years." 

And  the  yeas  and  nays  being  required — 

New  Hampshire,      Mr.  Folsom,  Ay.  ^»x 


Massachusetts  Bay,  Mr.  S.  Adams, 
Mr.  J.  Adams, 


Mr.  Gerry, 
Mr.  Lovell, 


A>'*  Uv 
Ay.  >A"' 

Ay. J 


Rhode  Island, 
Connecticut, 

New  York, 

New  Jersey, 
Pennsylvania, 


Mr.  Marchant,       Ay.  )>x 

Mr.  Dyer, 

Mr.  Law,  No.  S  No. 

Mr.  Williams, 


Mr.  Duane, 
Mr.  Duer, 

Mr.  Elmer, 


No. 


Ay.  ^X 


Mr.  Morris,  No. 

Mr.  Roberdeau,     Ay 
Mr.  Clingan.  Ay 


;l 


Ay 


HISTORY  OF  THE 


[Not.  10, 


Maryland, 

Virginia, 

North  Carolina, 
South  Carolina, 


Mr.  Smi'h, 
Mr.  Rumsey, 

Mr.  Jones, 
Mr.  F.  L.  Lee, 

Mr.  Harvie, 

Mr.  Penn, 
Mr.  Harnett, 

Mr.  Laurens, 


IVIDED, 


Av. 


^'  I  Av 
Ay.  I  Ay' 

Ay.  yx 


So  it  was  resolved  in  the  affirmative. 

A  motion  was  made  to  strike  out  the  whole  article 
relative  to  the  powers  of  the  committee  of  the  states  ; 
and  instead  thereof  to  substitute  "  The  committee  of 
"  the  states,  or  any  nine  of  them,  shall  be  authorized 
"  to  execute,  in  the  recess  of  Congress,  such  of  the 
"  powers  of  Congress  as  the  United  States  in  Con- 
"  gress  assembled  by  the  consent  of  nine  states,  shall 
"  from  time  to  time  think  expedient  to  vest  them  with : 
"  Provided,  no  power  be  delegated  to  the  said  com- 
"  mittee  for  the  exercise  of  which,  by  the  articles  of 
"  confederation,  the  voice  of  nine  states  in  the  Con- 
"  gress  of  the   United  States  assembled  is  requisite. " 

And  the  question  being  put, 

Resolved  in  the  affirmative. 


MONDAY,  NOVEMBER  10,  1777. 

FOUR    O'CLOCK,    P.    M. 

Sundry  propositions  being  laid  before  Congress,  in 
addition  to  the  articles  of  confederation. 


1777.]  CONFEDERATION.  329 

Resolved,  That  a  committee  of  three  be  appointed 
to  take  the  same  into  consideration,  and  report  such  as 
they  shall  judge  proper  to  be  added  to  the  articles  of 
confederation  ;  not  changing,  or  altering  any  of  the 
articles  already  agreed  on. 

The  members  chosen — Mr.  Law,  Mr.  Richard  Hen- 
ry Lee,  and  Mr.  Duane. 


WEDNESDAY,  NOVEMBER  12,  1777. 

Congress  took  into  consideration  the  articles  pro- 
posed to  be  added  to  the  confederation  :  Whereupon, 

Resolved,  That  the  following  be  included  : 

"  Freedom  of  speech  and  debate  in  Congress  shall 
"  not  be  impeached  or  questioned  in  any  court  or  place 
"  out  of  Congress. 

"  The  members  of  Congress  shall  be  protected  in 
"  their  persons  from  arrests  and  imprisonments  during 
"  the  time  of  their  going  to  and  from  and  attendance 
"  on  Congress,  except  for  treason,  felony,  or  breach 
"  of  the  peace." 

Adjourned  to  four  o'clock. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  articles 
proposed  to  be  added  to  the  confederation  :  Where- 
upon, 

Resolved,  That  the  following  be  included  therein  : 

u  If  any  person  guilty  of,  or  charged  with  treason,  or 

*''  felony,  or  other  high  misdemeanour,  in  any  state, 

"  shall  flee  from  justice,  and  be  found  in  any  of  the 

vol.   i.  42 


330 


HISTORY  OF  THE 


[Nov.  12, 


"  United  States,  he  shall,  upon  demand  of  the  govcr- 
"  nour  or  executive  power  of  the  state  from  which  he 
"  fled,  be  delivered  up  and  removed  to  the  state  hav- 
"  ing  jurisdiction  of  his  offence. 

"  Full  faith  and  credit  shall  be  given  in  each  of  the 
"  states  to  the  records,  acts  and  judicial  proceedings 
"  of  the  courts  and  magistrates  of  every  other  state." 

It  was  then  moved  to  add,  "  An  action  of  debt  may 
"  be  commenced  in  a  court  of  law  of  any  state  for  the 
"  recovery  of  a  debt  due  on  judgment  of  any  court  in 
"  any  other  state  ;  provided  the  judgment  creditor  shall 
i:  give  bond  with  sufficient  sureties  before  the  said 
"  court,  in  which  the  action  shall  be  brought,  to  answer 
"  in  damages  to  the  adverse  party,  in  case  the  original 
;'  judgment  should  be  afterwards  revised,  and  set  aside  ; 
"  and  provided,  the  party  against  whom  such  judgment 
"  may  have  been  obtained  had  notice  in  fact  of  the 
"  service  of  the  original  writ  upon  which  such  judg- 
"  ment  shall  be  founded." 

New  Hampshire,      Mr.  Folsom, 

Massachusetts  Bay,  Mr.  Gerry, 

Rhode  Island,  Mr.  Marchant, 

Connecticut,  Mr.  Dyer, 

Mr   Law, 
Mr.  Williams, 

New  York,  Mr.  Duane, 

New  Jersey,  Mr.  Elmer, 

Pennsylvania,  Mr.  Roherdeau,     Ay.  }  n 

Mr.  Clingan,  No.  $ 


Av. 


1777.]  CONFEDERATION. 

Maryland,  Mr.  Smith,  No.jn 

Mr.  Rumsey,  A).  5 

Virginia,  Mr.  Jones,  No."^ 

Mr.  R.  H.  Lee,  No.  \N 

Mr.  F.  L.  Lee,  No,  f"0' 

Mr.  Harvie,  No.J 

North  Carolina,        Mr.  Penn,  No.  )  N 

Mr.  Harnett,  No.  5      , 

South  Carolina,         Mr.  Laurens,  No.  )»x 

So  it  passed  in  the  negative. 


THURSDAY,  NOVEMBER  13,  1777. 

FOUR    O'CLOCK,    P.    M. 

Congress  resumed  the  consideration  of  the  articles 
proposed  to  be  added  to  the  confederation  ;  and  the 
following  were  agreed  to  : 

The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  different 
states  in  this  union,  the  free  inhabitants  of  each  of  these 
states,  paupers,  vagabonds,  and  fugitives  from  justice 
excepted,  shall  be  entitled  to  all  privileges  and  immu- 
nities of  free  citizens  in  the  respective  states  ;  and 
the  people  of  each  state  shall  have  free  ingress  and 
regress  to  and  from  any  other  state,  and  shall  enjoy 
therein  all  the  privileges  of  trade  and  commerce,  sub- 
ject to  the  same  duties,  impositions,  and  restrictions, 
as  the  inhabitants  thereof  respectively  ;  provided,  that 
such  restriction  shall  not  extend  so  far  as  to  prevent 
the  removal  of  property  imported  into  any  state  to  any 
other  state  of  which  the  owner  is  an  inhabitant ;  pro- 


332  HISTORY  OF  THE  [Nov.  13, 

vided  also,  that  no  imposition,  duties,  or  restrictions, 
shall  be  laid  by  any  state  on  the  property  of  the  United 
States  or  either  of  them. 

All  bills  of  credit  emitted,  moneys  borrowed,  and 
debts  contracted,  by  or  under  the  authority  of  Con- 
gress, before  the  assembling  of  the  United  States,  in 
pursuance  of  the  present  confederation,  shall  be  deem- 
ed and  considered  as  a  charge  against  the  United 
States  ;  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  publick  faith  are  hereby  solemn- 
ly pledged.  All  controversies  concerning  the  private 
right  of  soil,  claimed  under  different  grants  of  two  or 
more  states,  whose  jurisdictions,  as  they  may  respect 
such  lands,  and  the  states  which  passed  such  grants, 
are  adjusted,  the  said  grants  or  either  of  them  being 
at  the  same  time  claimed  to  have  originated  antecedent 
to  such  settlement  of  jurisdiction,  shall,  on  the  petition 
of  either  party  to  the  Congress  of  the  United  States, 
be  finally  determined  in  the  same  manner,  as  near  as 
may  be,  as  is  before  prescribed  for  deciding  disputes 
respecting  territorial  jurisdiction  between  different 
states. 

Resolved,  That  a  committee  of  three  be  appointed 
to  revise  and  arrange  the  articles  of  confederation 
agreed  to ;  and  to  prepare  a  circular  letter  to  the  re- 
spective slates  to  accompany  the  said  articles. 

The  members  chosen— Mr.  Richard  Henry  Lee, 
Mr.  Duane,  and  Mr.  Lovell. 


1777.]  CONFEDERATION.  333 


FRIDAY,  NOVEMBER  14,  1777. 

The  committee  appointed  to  revise  and  arrange  the 
articles  of  confederation,  reported  a  draft,  which  was 
read  and  agreed  to. 

Ordered,  That  a  fair  copy  be  made  out  accordingly. 


SATURDAY,  NOVEMBER  15,  1777. 

A  copy  of  the  confederation  being  made  out,  and 
sundry  amendments  made  in  the  diction,  without  alter- 
ing the  sense,  the  same  was  agreed  to,  and  is  as  fol- 
lows : 

ARTICLES 

OF  CONFEDERATION  AND  PERPETUAL  UNION, 

BETWEEN    THE    STATES    OF 

New  Hampshire,  Pennsylvania, 

Massachusetts  Bay,  Delaware, 
Rhode  Island  and  Provi-      Maryland, 

dence  Plantations,  Virginia, 

Connecticut,  North  Carolina, 

New  York,  South  Carolina,  and 

New  Jersey,  Georgia. 


ARTICLE    I. 

The  style  of  this  confederacy  shall  be,  the  united 

STATES  OF  AMERICA. 


334  HISTORY  OF  THE  [Nov.  16, 


ARTICLE    II. 


Each  state  retains  its  sovereignty,  freedom  and  in- 
dependence, and  every  power,  jurisdiction  and  right, 
which  is  not  by  this  confederation  expressly  delegated 
to  the  United  States  in  Congress  assembled. 


ARTICLE    III. 

The  said  states  hereby  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common 
defence,  the  security  of  their  liberties,  and  their  mu- 
tual and  general  welfare  ;  binding  themselves  to  assist 
each  other  against  all  force  offered  to,  or  attacks  made 
upon  them,  or  any  of  them,  on  account  of  religion, 
sovereignty,  trade,  or  any  other  pretence  whatever. 

ARTICLE    IV. 

The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  different 
states  in  this  union,  the  free  inhabitants  of  each  of 
these  states  (paupers,  vagabonds,  and  fugitives  from 
justice  excepted)  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  states ;  and 
the  people  of  each  state  shall  have  free  ingress  and  re- 
gress to  and  from  any  other  state,  and  shall  enjoy 
therein  all  the  privileges  of  trade  and  commerce,  sub- 
ject to  the  same  duties,  impositions  and  restrictions, 
as  the  inhabitants  thereof  respectively  ;  provided,  that 
such  restrictions  shall  not  extend  so  far  as  to  prevent 


1777.]  CONFEDERATION.  335 

the  removal  of  property  imported  into  any  state,  to 
any  other  state  of  which  the  owner  is  an  inhabitant; 
provided  also,  that  no  imposition,  duties,  or  restric- 
tions, shall  belaid  by  any  slate  on  the  property  of  the 
United  States,  or  either  of  them. 

If  any  person  guilty  of  or  charged  with  treason, 
felony,  or  other  high  misdemeanour,  in  any  state,  shall 
flee  from  justice,  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governour,  or 
executive  power  of  the  state  from  which  he  fled,  be 
delivered  up,  and  removed  to  the  state  having  jurisdic- 
tion of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these 
states  to  the  records,  acts  and  judicial  proceedings  of 
the  courts  and  magistrates  of  every  other  state. 

article  v. 

For  the  more  convenient  management  of  the  gene- 
ral interests  of  the  United  States,  delegates  shall  be 
annually  appointed,  in  such  manner  as  the  legislature 
of  each  state  shall  direct,  to  meet  in  Congress  on  the 
first  Monday  in  November  in  every  year,  with  a  power 
reserved  to  each  state  to  recall  its  delegates,  or  any  of 
them,  at  any  time  within  the  year,  and  to  send  others 
in  their  stead  for  the  remainder  of  the  year. 

No  state  shall  be  represented  in  Congress  by  less 
than  two,  nor  more  than  seven  members;  and  no  per- 
son shall  be  capable  of  being  a  delegate  for  more  than 
three  years  in  any  term  of  six  years ;  nor  shall  any 
person,  being  a  delegate,  be  capable  of  holding  any 
office  under  the   United  States,  for  which  he  or  anv 


336  HISTORY  OF  THE  [Nov.  15, 

other  for  his  benefit  receives  any  salary,  fees,  or  emo- 
lument of  any  kind. 

Each  stale  shall  maintain  its  own  delegates  in  any 
meeting  of  the  states,  and  while  they  act  as  members 
of  the  committee  of  the  states. 

In  determining  questions  in  the  United  States  in  Con- 
gress assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall 
not  be  impeached  or  questioned  in  any  court  or  place 
out  of  Congress  ;  and  the  members  of  Congress  shall 
be  protected  in  their  persons  from  arrests  and  impri- 
sonments during  the  time  of  their  going  to  and  from 
and  attendance  on  Congress,  except  for  treason,  felo- 
ny, or  breach  of  the  peace. 

ARTICLE    VI. 

No  state,  without  the  consent  of  the  United  States 
in  Congress  assembled,  shall  send  any  embassy  to,  or 
receive  any  embassy  from,  or  enter  into  any  confe- 
rence, agreement,  alliance  or  treaty  with  any  king, 
prince  or  state  ;  nor  shall  any  person  holding  any  of- 
fice of  profit  or  trust  under  the  United  States,  or  any 
of  them,  accept  of  any  present,  emolument,  office  or 
title  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state  ;  nor  shall  the  United  States  in  Congress 
assembled,  or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty, 
confederation,  or  alliance  whatever  between  them, 
without  the  consent  of  the  United  States  in  Congress 
assembled,   specifying   accurately     the   purposes   for 


1777.]  CONFEDERATION.  337 

which  the  same  is  to  be  entered  into,  and  how  long  it 
shall  continue. 

No  state  shall  lay  any  imposts  or  duties  which  may 
interfere  with  any  stipulations  in  treaties  entered  into 
by  the  United  States  in  Congress  assembled  with  any 
king,  prince,  or  state,  in  pursuance  of  any  treaties  al- 
ready proposed  by  Congress  to  the  courts  of  France 
and  Spain. 

No  vessels  of  war  shall  be  kept  in  time  of  peace  by 
any  state,  except  such  number  only  as  shall  be  deem- 
ed necessary  by  the  United  States  in  Congress  assem- 
bled for  the  defence  of  such  state  or  its  trade ;  nor 
shall  any  body  of  forces  be  kept  up  by  any  state  in 
time  of  peace,  except  such  number  only  as  in  the 
judgment  of  the  United  States  in  Congress  assembled 
shall  be  deemed  requisite  to  garrison  the  forts  necessa- 
ry for  the  defence  of  such  state  ;  but  every  state  shall 
always  keep  up  a  well  regulated  and  disciplined  mili- 
tia, sufficiently  armed  and  accoutred,  and  shall  pro- 
vide and  have  constantly  ready  for  use,  in  publick 
stores,  a  due  number  of  field  pieces  and  tents,  and  a 
proper  quantity  of  arms,  ammunition,  and  camp  equi- 
page. 

No  state  shall  engage  in  any  war  without  the  con- 
sent of  the  United  States  in  Congress  assembled,  un- 
less such  state  be  actually  invaded  by  enemies,  or  shall 
have  certain  advice  of  a  resolution  being  formed  by 
some  nation  of  Indians  to  invade  such  state,  and  the 
danger  is  so  imminent  as  not  to  admit  of  a  delay  till 
the  United  States  in  Congress  assembled  can  be  con- 
sulted ;  nor  shall  any  state  grant  commissions  to  any 
ships  or  vessels  of  war,  nor  letters  of  marque  or  re* 
vol.  t.  43 


33S  HISTORY  OF  THE  [Nov.  15, 

prisal,  except  it  be  after  a  declaration  of  war  by  the 
United  States  in  Congress  assembled  ;  and  then  only 
against  the  kingdom  or  state  and  the  subjects  thereof 
against  which  war  has  been  so  declared,  and  under  such 
regulations  as  shall  be  established  by  the  United 
States  in  Congress  assembled  ;  unless  such  state  be 
infested  by  pirates,  in  which  case  vessels  of  war  may- 
be fitted  out  for  that  occasion,  and  kept  up  so  long  as 
the  danger  shall  continue,  or  until  the  United  State? 
in  Congress  assembled  shall  determine  otherwise. 

ARTICLE    VII. 

When  land  forces  are  raised  by  any  state  for  the  com- 
mon defence,  all  officers  of  or  under  the  rank  of  colo- 
nel shall  be  appointed  by  the  legislature  of  each  state 
respectively  by  whom  such  officers  shall  be  raised,  or 
in  such  manner  as  such  state  shall  direct ;  and  all  va- 
cancies shall  be  filled  up  by  the  state  which  first  made 
the  appointment. 

ARTICLE    VIII. 

All  charges  of  war  and  all  other  expenses  that  shall 
be  incurred  for  the  common  defence  or  general  wel- 
fare, and  allowed  by  the  United  Slates  in  Congress  as- 
sembled, shall  be  defrayed  out  of  a  common  treasury, 
which  shall  be  supplied  by  the  several  states  in  pro- 
portion to  the  value  of  all  land  within  each  state  grant- 
ed to,  or  surveyed  for  any  person,  as  such  land  and  the 
buildings  and  improvements  thereon,  shall  be  estimat- 
ed according  to  such  mode  as  the   United    States  in 


1777.]  CONFEDERATION. 

Congress  assembled  shall  from  time  to  time  direct  ami 
appoint. 

The  taxes  for  paying  that  proportion  shall  be  laid 
and  levied  by  the  authority  and  direction  of  the  le- 
gislatures of  the  several  states,  within  the  time  agreed 
upon  by  the  United  States  in  Congress  assembled. 


ARTICLE    IX. 


The  United  States  in  Congress  assembled  shall  have 
the  sole  and  exclusive  right  and  power — Of  determin- 
ing on  peace  and  war,  except  in  the  cases  mentioned 
in  the  sixth  article  :  Of  sending  and  receiving  ambas- 
sadors:  Entering  into  treaties  and  alliances  ;  provided 
that  no  treaty  of  commerce  shall  be  made  whereby 
the  legislative  power  of  the  respective  states  shall  bo 
restrained  from  imposing  such  imposts  and  duties  oil 
foreigners  as  their  own  people  are  subjected  to,  or 
from  prohibiting  the  exportation  or  importation  of  any 
species  of  goods  or  commodities  whatsoever:  Of  esta- 
blishing rules  for  deciding  in  all  cases  what  captures 
on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of 
the  United  States  shall  be  divided  or  appropriated  :  Of 
granting  letters  of  marque  and  reprisal  in  time  of 
peace,  appointing  courts  for  the  trial  of  piracies  and 
felonies  committed  on  the  high  seas,  and  establishing 
courts  for  receiving  and  determining  finally  appeals  in 
all  cases  of  captures  ;  provided,  that  no  member  of 
Congress  shall  be  appointed  judge  of  any  of  the  said 
courts. 


340  HISTORY  OF  THE  [Nov.  15i 

The  United  States  in  Congress  assembled  shall  also 
be  the  last  resort,  on  appeal,  in  all  disputes  and  diffe- 
rences now  subsisting,  or  that  hereafter  may  arise,  be- 
tween two  or  more  states  concerning  bouudary,  juris- 
diction, or  any  other  cause  whatever,  which  authority 
shall  always  be  exercised  in  the  manner  following  : 

Whenever  the  legislative  or  executive  authority,  or 
lawful  agent  of  any  state  in  controversy  with  another* 
shall  present  a  petition  to  Congress,  slating  the  matter 
in  question,  and  praying  for  a  hearing,  notice  thereof 
shall  be  given,  by  order  of  Congress,  to  the  legisla- 
tive or  executive  authority  of  the  other  state  in  con- 
troversy ;  and  a  day  assigned  for  the  appearance  of 
the  parties  by  their  lawful  agents,  who  shall  then  be 
directed  to  appoint  by  joint  consent  commissioners  or 
judges  to  constitute  a  court  for  hearing  and  determin- 
ing the  matter  in  question  ;  but  if  they  cannot  agree, 
Congress  shall  name  three  persons  out  of  each  of  the 
United  States,  and  from  the  list  of  such  persons,  each 
party  shall  alternately  strike  out  one,  the  petitioners 
beginning,  until  the  number  shall  be  reduced  to  thir- 
teen ;  and  from  that  number  not  less  than  seven,  nor 
more  than  nine  names,  as  Congress  shall  direct,  shall 
in  the  presence  of  Congress  be  drawn  out  by  lot;  and 
ihe  persons  whose  names  shall  be  so  drawn,  or  any 
five  of  them,  shall  be  commissioners,  or  judges,  to  hear 
and  finally  determine  the  controversy,  so  always  as  a 
major  part  of  the  judges  who  shall  hear  the  cause  shall 
agree  in  the  determination.  And  if  either  party  shall 
neglect  to  attend  at  the  day  appointed,  without  show- 
ing reasons  which  Congress  shall  judge  sufficient,  or, 
being  present,  shall  refuse  to  strike,  the  Congress  shall 


1777.]  CONFEDERATION.  3-11 

proceed  to  nominate  three  persons  out  of  each  state ; 
and  the  Secretary  of  Congress  shall  strike  in  behalf 
of  such  party  absent  or  refusing;  and  the  judgment 
and  sentence  of  the  court  to  be  appointed  in  the  man- 
ner before  prescribed,  shall  be  final  and  conclusive. 
And  if  any  of  the  parties  shall  refuse  to  submit  to  the 
authority  of  such  court,  or  to  appear  or  defend  their 
claim  or  cause,  the  court  shall  nevertheless  proceed  to 
pronounce  sentence  or  judgment,  which  shall,  in  like 
manner  be  final  and  decisive,  the  judgment  or  sen- 
tence and  other  proceedings  being  in  either  case  trans- 
mitted to  Congress,  and  lodged  among  the  acts  of  Con- 
gress for  the  security  of  the  parties  concerned  :  Pro- 
vided, that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath  to  be  administered  by  one 
of  the  judges  of  the  supreme  or  superior  court  of  the 
state  where  the  cause  shall  be  tried,  "  well  and  truly 
"to  hear  and  determine  the  matter  in  question,  ac- 
"  cording  to  the  best  of  his  judgment,  without  favour, 
"  affection,  or  hope  of  reward  :"  Provided,  also,  that 
no  state  shall  be  deprived  of  territory  for  the  benefit 
of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil 
claimed  under  different  grants  of  two  or  more  states, 
whose  jurisdictions  as  they  may  respect  such  lands  and 
the  states  which  passed  such  grants  are  adjusted,  the 
said  grants,  or  either  of  them,  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settle- 
ment of  jurisdiction,  shall,  on  the  petition  of  either 
party  to  the  Congress  of  the  United  States,  be  finally 
determined  as  near  as  may  be  in  the  same  manner  as  is 
before  prescribed  for  deciding  disputes  respecting  ter- 
ritorial jurisdiction  between  different  states. 


342  HISTORY  OF  THE 


[Nov.  15, 


The  United  States  in  Congress  assembled  shall  also 
have  the  sole  and  exclusive  right  and  power  of  regu- 
lating the  alloy  and  value  of  coin  struck  by  their  own 
authority,  or  by  that  of  the  respective  states  :  Fixing 
the  standard  of  weights  and  measures  throughout  the 
United  States  :  Regulating  the  trade  and  managing  all 
affairs  with  the  Indians,  not  members  of  any  of  the 
states  ;  provided  that  the  legislative  right  of  any  state 
within  its  own  limits  be  not  infringed  or  violated  :  Es- 
tablishing and  regulating  postoffices  from  one  state  to 
another  throughout  all  the  United  States,  and  exacting 
such  postage  on  the  papers  passing  through  the  same 
as  may  be  requisite  to  defray  the  expenses  of  the  said 
office  :  Appointing  all  officers  of  the  land  forces  in  the 
service  of  the  United  States,  excepting  regimental 
officers:  Appointing  all  the  officers  of  the  naval  for- 
ces, and  commissioning  all  officers  whatever  in  the 
service  of  the  United  States  :  Making  rules  for  the  go- 
vernment and  regulation  of  the  said  land  and  naval 
forces,  and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have 
authority  to  appoint  a  committee  to  sit  in  the  recess  of 
Congress,  to  be  denominated  a  committee  of  the 
states,  and  to  consist  of  one  delegate  from  each 
state;  and  to  appoint  such  other  committees  and  civil 
officers  as  may  be  necessary  for  managing  the  gene- 
ral affairs  of  the  United  States,  under  their  direction  : 
To  appoint  one  of  their  number  to  preside,  provided 
that  no  person  be  allowed  to  serve  in  the  office  of  pre- 
sident more  than  one  year  in  any  term  of  three  years  : 
To  ascertain  the  necessary  sums  of  money  to  be  raised 
for  the  service  of  the  United  States,  and  to  appropri- 


1777.]  CONFEDERATION.  343 

ate  and  apply  the  same  for  defraying  the  publick  ex- 
penses: To  borrow  money,  or  emit  bills  on  the  credit 
of  the  United  States,  transmitting  every  half  year  to 
the  respective  states  an  account  of  the  sums  of  mo- 
ney so  borrowed  or  emitted  :  To  build  and  equip  a 
aavy :  To  agree  upon  the  number  of  land  forces,  and 
to  make  requisitions  from  each  stale  for  its  quota,  in 
proportion  to  the  number  of  white  inhabitants  in  such 
state,  which  requisition  shall  be  binding  ;  and  there- 
upon the  legislature  of  each  state  shall  appoint  the 
regimental  officers,  raise  the  men,  and  clothe,  arm, 
and  equip  them  in  a  soldierlike  manner,  at  the  ex- 
pense of  the  United  States  ;  and  the  officers  and  men 
so  clothed,  armed,  and  equipped,  shall  march  to  the 
place  appointed,  and  within  the  time  agreed  on  by  the 
United  States  in  Congress  assembled  :  but  if  the  Unit- 
ed States  in  Congress  assembled  shall,  on  considera- 
tion of  circumstances,  judge  proper  that  any  stale 
should  not  raise  men,  or  should  raise  a  smaller  num- 
ber than  its  quota,  and  that  any  other  state  should 
raise  a  greater  number  of  men  than  the  quola  thereof, 
such  extra  number  shall  be  raised,  officered,  clothed, 
armed,  and  equipped,  in  the  same  manner  as  the  quota 
of  such  state,  unless  the  legislature  of  such  state  shall 
judge  that  such  extra  number  cannot  be  safely  spared 
out  of  the  same;  in  which  case  they  shall  raise,  offi- 
cer, clothe,  arm,  and  equip,  as  many  of  such  extra 
number  as  they  judge  can  be  safely  spared :  and  the 
officers  and  men  so  clothed,  armed  and  equipped,  shall 
march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  United  States  in  Congress  assem- 
bled. 


344  HISTORY  OF  THE  [Nov.  ftf, 

The  United  States  in  Congress  assembled  shall  never 
engage  in  a  war  ;  nor  grant  letters  of  marque  and  re- 
prisal in  time  of  peace  ;  nor  enter  into  any  treaties,  or 
alliances ;  nor  coin  money,  nor  regulate  the  value 
thereof ;  nor  ascertain  the  sums  and  expenses  necessary 
for  the  defence  and  welfare  of  the  United  States,  or 
any  of  them;  nor  emit  bills;  nor  borrow  money  on 
the  credit  of  the  United  States  ;  nor  appropriate  mo- 
ney ;  nor  agree  upon  the  number  of  vessels  of  war  to 
be  built  or  purchased,  or  the  number  of  land  or  sea 
forces  to  be  raised  ;  nor  appoint  a  commander  in  chief 
of  the  army  or  navy — unless  nine  states  assent  to  the 
same  :  nor  shall  a  question  on  any  other  point,  except 
for  adjourning  from  day  to  day,  be  determined,  unless 
by  the  votes  of  a  majority  of  the  United  States  in  Con- 
gress assembled. 

The  Congress  of  the  United  States  shall  have  the 
power  to  adjourn  to  any  time  within  the  year,  and  to 
any  place  within  the  United  States,  so  that  no  period 
of  adjournment  be  for  a  longer  duration  than  the  space 
of  six  months  ;  and  shall  publish  the  journal  of  their 
proceedings  monthly,  except  such  parts  thereof  relat- 
ing to  treaties,  alliances,  or  military  operations,  as  in 
their  judgment  require  secrecy ;  and  the  yeas  and 
nays  of  the  delegates  of  each  state  on  any  question 
shall  be  entered  on  the  journal,  when  it  is  desired  by 
any  delegate ;  and  the  delegates  of  a  state,  or  any  of 
them,  at  his  or  their  request,  shall  be  furnished  with  a 
transcript  of  the  said  journal,  except  such  parts  as  are 
above  excepted,  to  lay  before  the  legislatures  of  the 
several  states. 


1777]  CONFEDERATION,  34* 


ARTICLE    X. 

The  committee  of  the  states,  or  any  nine  of  them., 
shall  be  authorized  to  execute,  in  the  recess  of  Con- 
gress, such  of  the  powers  of  Congress  as  the  United 
States  in  Congress  assembled,  by  the  consent  of  nine 
states,  shall  from  time  to  time  think  expedient  to  vest 
them  with  :  Provided,  that  no  power  be  delegated  to 
the  said  committee  for  the  exercise  of  which,  by  the 
articles  of  confederation,  the  voice  of  nine  states  in 
the  Congress  of  the  United  States  assembled  is  re- 
quisite. 

ARTICLE    XI. 

Canada  acceding  to  this  confederation,  and  joining 
in  the  measures  of  the  United  States,  shall  be  admitted 
into  and  entitled  to  all  the  advantages  of  this  union  ; 
but  no  other  colony  shall  be  admitted  into  the  same, 
unless  such  admission  be  agreed  to  by  nine  states. 

ARTICLE    XII. 

All  bills  of  credit  emitted,  moneys  borrowed,  and 
debts  contracted,  by  or  under  the  authority  of  Con- 
gress before  the  assembling  of  the  United  States  in 
pursuance  of  the  present  confederation,  shall  be  deem- 
ed and  considered  as  a  charge  against  the  United 
States,  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  publick  faith  are  hereby  solemn- 
ly pledged. 

vol.   i.  44 


346  HISTORY  OF  THE  [Nov.  17, 


ARTICLE    XIII. 

Every  state  shall  abide  by  the  determination  of  the 
United  States  in  Congress  assembled  on  all  questions 
which  by  this  confederation  are  submitted  to  them. 
And  the  articles  of  this  confederation  shall  be  inviola- 
bly observed  by  every  state  ;  and  the  union  shall  be 
perpetual  :  Nor  shall  any  alteration  at  any  time  here- 
after be  made  in  any  of  them  ;  unless  such  alteration 
be  agreed  to  in  a  Congress  of  the  United  States,  and  be 
afterwards  confirmed  by  the  legislatures  of  every  state. 

These  articles  shall  be  proposed  to  the  legislatures 
of  all  the  United  States,  to  be  considered  ;  and  if  ap- 
proved of  by  them,  they  are  advised  to  authorize  their 
delegates  to  ratify  the  same  in  the  Congress  of  the 
United  States;  which  being  done,  the  same  shall  be- 
come conclusive. 

Ordered,  That  the  committee  appointed  to  revise 
and  arrange  the  articles  of  confederation  have  three 
hundred  copies  printed  and  lodged  with  the  Secretary, 
to  be  subject  to  the  future  orders  of  Congress. 


MONDAY,  NOVEMBER  17,  1777. 

The  committee,  appointed  to  prepare  a  circular  let- 
ter to  accompany  the  articles  of  confederation,  brought 
in  the  following  draft : 

In  Congress,  York  Town,  November  17,  1777. 
Congress   having  agreed   upon  a  plan  of  confede- 
racy for  securing  the  freedom,  sovereignty,  and  inde- 


1777.]  CONFEDERATION.  ;n 

pendeuce  of  the  United  States,  authentick  copies  are 
now  transmitted  for  the  consideration  of  the  respective 
legislatures. 

This  business,  equally  intricate  and  important,  has 
in  its  progress  been  attended  with  uncommon  em- 
barrassments and  delay,  which  the  most  anxious  soli- 
citude and  persevering  diligence  could  not  prevent. 

To  form  a  permanent  union,  accommodated  to  the 
opinion  and  wishes  of  the  delegates  of  so  many  states, 
differing  in  habits,  produce,  commerce,  and  internal 
police,  was  found  to  be  a  work  which  nothing  but  time 
and  reflection,  conspiring  with  a  disposition  to  conci- 
liate, could  mature  and  accomplish. 

Hardly  is  it  to  be  expected  that  any  plan,  in  the  va- 
riety of  provisions  essential  to  our  union,  should  exact- 
ly correspond  with  the  maxims  and  political  views  of 
every  particular  stale.  Let  it  be  remarked,  that  after 
the  most  careful  enquiry,  and  the  fullest  information, 
this  is  proposed  as  the  best  which  could  be  adapted  to 
the  circumstances  of  all,  and  as  that  alone  which  af- 
fords any  tolerable  prospect  of  general  ratification. 

Permit  us  then  earnestly  to  recommend  these  arti- 
cles to  the  immediate  and  dispassionate  attention  of 
the  legislatures  of  the  respective  states.  Let  them  be 
candidly  reviewed  under  a  sense  of  the  difficulty  of 
combining  in  one  general  system  the  various  senti- 
ments and  interests  of  a  continent  divided  into  so  many 
sovereign  and  independent  communities,  under  a  con- 
viction of  the  absolute  necessity  of  uniting  all  our 
councils  and  all  our  strength  to  maintain  and  defend 
our  common  liberties.  Let  them  be  examined  with  a 
liberality  becoming  brethren  and  fellow  citizens  stir- 


m  HISTORY  OF  THE  [Nov.  17, 

rounded  by  the  same  imminent  dangers,  contending 
for  the  same  illustrious  prize,  and  deeply  interested  in 
being  forever  bound  and  connected  together  by  ties  the 
most  intimate  and  indissoluble.  And  finally,  let  them 
be  adjusted  with  the  temper  and  magnanimity  of  wise 
and  patriotick  legislators,  who,  while  they  are  con- 
cerned for  the  prosperity  of  their  own  more  immediate 
circle,  are  capable  of  rising  superior  to  local  attach- 
ments when  they  may  be  incompatible  with  the  safety, 
happiness  and  glory  of  the  general  confederacy. 

We  have  reason  to  regret  the  time  which  has  elapsed 
in  preparing  this  plan  for  consideration.  With  addi- 
tional solicitude  we  look  forward  to  that  which  must 
be  necessarily  spent  before  it  can  be  ratified.  Every 
motive  loudly  calls  upon  us  to  hasten  its  conclusion. 

More  than  any  other  consideration,  it  will  confound 
our  foreign  enemies,  defeat  the  flagitious  practices  of 
the  disaffected,  strengthen  and  confirm  our  friends, 
support  our  publick  credit,  restore  the  value  of  out- 
money,  enable  us  to  maintain  our  fleets  and  armies, 
and  add  weight  and  respect  to  our  councils  at  home, 
and  to  our  treaties  abroad. 

In  short,  this  salutary  measure  can  no  longer  be  de- 
ferred. It  seems  essential  to  our  very  existence  as  a 
free  people  ;  and  without  it  we  may  soon  be  constrain- 
ed to  bid  adieu  to  independence,  to  liberty,  and  safely 
— blessings  which,  from  the  justice  of  our  cause  and 
the  favour  of  our  Almighty  Creator  visibly  manifested 
in  our  protection,  we  have  reason  to  expect,  if,  in  an 
humble  dependence  on  his  divine  providence,  we 
strenuously  exert  the  means  which  are  placed  in  our 
power. 


1777.] 


CONFEDERATION. 


349 


To  conclude,  if  the  legislature  of  any  state  shall  not 
be  assembled,  Congress  recommend  to  the  executive 
authority  to  convene  it  without  delay  ;  and  to  each 
respective  legislature,  it  is  recommeded  to-  invest  its 
delegates  with  competent  powers  ultimately,  in  the 
name  and  behalf  of  the  state,  to  subscribe  articles  of 
confederation  and  perpetual  union  of  the  United  States, 
and  to  attend  Congress  for  that  purpose,  on  or  before 
the  day 

On  motion  to  fill  up  the  blanks  with  "  first,"  and 
"  May  next"—  • 

New  Hampshire,       Mr.  Folsom, 

Massachusetts  Bay,  Mr.  Gerry, 
Mr.  Lovell, 
Mr.  Dana, 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 
Pennsylvania, 

Maryland, 
Virginia, 

North  Carolina, 


Mr.  Marchant, 
Mr.  Ellery, 

Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 

Mr.  Elmer, 

Mr.  Roberdeau, 
Mr.  Clingan, 

Mr.  Rumsey, 

Mr.  R.  H.  Lee, 
Mr.  F.  L.  Lee, 
Mr.  Harvie, 

Mr.  Penn, 
Mr.  Harnett, 


No.) 
No. '  No. 
Ay.) 

No.  yx 

No.  >No. 

No.) 
No.  J 

No.  )>X 


No. 


350  HISTORY  OF  THE  [Nov.  17,  1717 

South  Carolina,         Mr.  Laurens,         No.  ^No. 
Georgia, 


r.  Langworthy,  No.  )    N 
r.  Wood,  No.  5    1>0* 


So  it  passed  in  the  negative. 

Resolved,  That  the  first  blank  be  filled  with  "  tenth," 
and  the  second  with  "  March  next." 

It  was  then  moved  after  "  next,"  to  add  "  if  prac- 
"  ticable" — 


New  Hampshire,      Mr.  Folsom, 


Massachusetts  Bay,  Mr.  Gerry, 
Mr.  Lovell, 
Mr.  Dana, 


Rhode  Island, 
Connecticut, 

New  York, 
New  Jersey, 
Pennsylvania, 

Maryland, 
Virginia, 

North  Carolina, 


Mr.  Marchant, 
Mr.  Ellery, 

Mr.  Dyer, 
Mr.  Law, 
Mr.  Williams, 

Mr.  Duane, 

Mr.  Elmer, 

Mr.  Roberdeau, 
Mr.  Clingan, 

Mr.  Rumsey, 


No'  \  No 
No.  J  JNo* 


No.  >No.x 

No.  )>No. 

No.)  M 
No.  I  No' 

No.  >x 


Mr.  R.H.Lee,      No.) 
Mr.  F.  L.  Lee,       No.  \  No. 
Mr.  Harvie,  No. ) 


Mr.  Penn, 
Mr.  Harnett, 


No.  >  „ 
No.  I  No' 


May,  1778.]  CONFEDERATION.  351 

South  Carolina,       Mr.  Laurens,  No.  ^-No. 

Georgia,  Mr.  Langworthy,    No.  )  N 

Mr.  Wood,  No.  5iN0* 

So  it  passed  in  the  negative. 

The  letter  being  agreed  to, 

Ordered,  That  thirteen  copies  be  made  out,  signed 
by  the  President,  and  forwarded  to  the  several  states, 
with  copies  of  the  confederation. 

SATURDAY,  NOVEMBER  29,  1777. 

Rosolved,  That  a  committee  of  three  be  appointed 
to  procure  a  translation  to  be  made  of  the  articles  of 
confederation  into  the  French  language ;  and  to  re- 
port an  address  to  the  inhabitants  of  Canada,  &c.  &c. 

The  members  chosen — Mr.  Duer,  Mr.  Lovell,  and 
Mr.  F.  L.  Lee. 

TUESDAY,  DECEMBER  2,  1777. 

The  committee,  appointed  to  procure  a  translation 
of  the  articles  of  confederation  ;  to  prepare  an  address 
to  the  inhabitants  of  Canada,  &c,  brought  in  a  partial 
report,  which  was  read — 

Ordered,  That  the  consideration  thereof  be  postpop 
cd  to  Monday  next. 

MONDAY,  MAY  18,  1778. 

A  letter  of  April  26th,  from  governour  Caswell,  ol 
NTorth  Carolina,    was    read,    informing    that  the    two 


352  HISTORY  OF  THE  [June  22, 

houses  of  assembly  of  that  state  have  unanimously  ac- 
ceded to  the  confederation. 


MONDAY,  JUNE  22,  1778. 

Congress  proceeded  to  consider  the  objections  of 
the  states  to  the  articles  of  confederation  :  Whereupon 
the  delegates  of  Maryland  read  to  Congress  instruc- 
tions that  they  had  just  received  from  their  consti- 
tuents, and  moved, 

That  the  objections  from  the  state  of  Maryland  to 
the  confederation  be  immediately  taken  up  and  consi- 
dered by  Congress,  that  delegates  from  Maryland  may 
transmit  to  that  state,  with  all  possible  despatch,  the 
determination  of  Congress  on  those  objections. 

Question  put, 

Resolved  in  the  affirmative. 

A  motion  was  then  made  in  behalf  of  Maryland  : 

In  Article  iv.  strike  out  the  word  "  paupers,"  and 
after  the  words  "  or  either  of  them,"  insert  "  that 
"  one  state  shall  not  be  burdened  with  the  maintenance 
"  of  the  poor  who  may  remove  into  it  from  any  of  the 
"  others  in  the  union." 

Question  put, 

Passed  in  the  negative,  one  stale  only  answering 
Ay. 

Another  amendment  was  moved  in  behalf  of  Mary- 
land : 

Article  vm.  After  the  words  "  granted  to  or  sur- 
"  veyed  for,"  insert  "  or  which  shall  hereafter  be 
"  granted  to  or  surveyed  for  any  person." 

Question  put, 


1718.) 


CONFEDERATION. 


853 


Passed  in  the  negative.     Four   ayes,   eight   noes. 

A  third  amendment  wa3  moved  in  behalf  of  Mary- 
land: 

Article  ix.  After  the  words  "  shall  be  deprived  of 
"  territory  for  the  benefit  of  the  United  States,"  insert 
"  the  United  States  in  Congress  assembled  shall  have 
"  the  power  to  appoint  commissioners,  who  shall  be 
"  fully  authorized  and  empowered  to  ascertain  and  re- 
"  strict  the  boundaries  of  such  of  the  confederated 
"  states  which  claim  to  extend  to  the  river  Mississippi 
"  or  South  Sea." 

After  debate, 

Resolved,  That  the  consideration  thereof  be  post- 
poned till  to-morrow. 


TUESDAY,  JUNE  23,  1778. 

Congress  proceeded  to  consider  the  amendment  ol 
the  articles  of  confederation  moved  in  behalf  of  Ma- 
ryland. 

On  the  question  to  agree,  the  ayes  and  nays  being 
required  by  Mr.  Marchant — 

New  Hampshire,       Mr.  Bartlett,  No.  )»No. 


Massachusetts  Bay,  Mr.  Hancock, 
Mr.  S.  Adams, 
Mr.  Gerry, 
Mr.  Dana, 
Mr.  Lovell, 
Mr.  Holten, 


Rhode  Island, 


vot,,   r. 


Mr.  Ellery, 
Mr.  Marchant, 
Mr.  Collins, 

4.3 


354 


HISTORY  OF  THE 


[June  23. 


Connecticut, 

New  York, 
New  Jersey, 

Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 
South  Carolina, 


Georgia, 


Mr.  Sherman,  No.^\ 

Mr.  Huntington,  No.  I  N 

Mr.  Hosmer,  No.  f^0, 

Mr.  Wolcott,  No. J 


Mr.  Lewis, 
Mr.  G.  Morris, 


Ay. 
No. 


Mr.  Witherspoon,  Ay. 
Mr.  Elmer,  Ay. 

Mr.  Scudder,  Ay. 


Divided- 


Ay. 


Mr.  Roberdeau,    Ay.  } 
Mr.  James  Smith,  Ay.  >  Ay. 
Mr.  Clingan,  No.) 


Mr.  M'Kean, 

Mr.  Plater, 
Mr.  Carroll, 

Mr.  R.  H.  Lee, 
Mr.  Banister, 
Mr.  T.  Adams, 

Mr.  Laurens, 
Mr.  Drayton, 
Mr.  Matthews, 
Mr.  Hutson, 
Mr.  Heyward, 


Ay.  ^-Ay. 

A*'  I  Ay 

No.^ 
No.  >No. 
No.J 

No.^j 

No.  I 
No.  >No. 
No.  | 
NoJ 


Mr.  Langworthy,  No.  )>No. 


So  it  passed  in  the  negative. 

The  delegates  from  New  Hampshire,  being  called 
on,  informed  Congress,  that  the  state  of  New  Hamp- 
shire have,  in  their  general  assembly,  agreed  to  the 
articles  of  confederation  as  they  now  stand  ;  and  have 
empowered  their  delegates  to  ratify  the  same  in  be- 
half of  their  state. 


1778.]  CONFEDERATION. 

The  delegates  of  Massachusetts  Bay,  being  called 
on,  read  sundry  objections,  transmitted  to  them  by  their 
constituents,  to  the  articles  of  confederation ;  and 
thereupon  moved  in  behalf  of  their  state  : 

1.  That  the  eighth  article  be  reconsidered,  so  far 
as  relates  to  the  criterion  fixed  on  for  settling  the  pro- 
portion of  taxes  to  be  paid  by  each  state,  that  an  amend- 
ment may  be  made,  so  that  the  rule  of  apportionment 
may  be  varied  from  time  to  time,  by  Congress,  until 
experience  shall  have  showed  what  rule  of  apportion- 
ment will  be  most  equal,  and  consequently  most  just. 

Question  put, 

Passed  in  the  negative.     Two  ayes,  eight  noes. 

2.  That  the  fifth  section  of  the  ninth  article  be  re- 
considered so  far  as  relates  to  the  rule  of  apportioning 
the  number  of  forces  to  be  raised  by  each  state  on  the 
requisitions  of  Congress. 

Question  put, 

Passed  in  the  negative.     Three  ayes,  seven  noes. 

3.  That  the  sixth  section  of  the  ninth  article  be  re- 
considered so  far  as  it  makes  the  assent  of  nine  states 
necessary  to  exercise  the  powers  with  which  Congress 
are  thereby  invested. 

Question  put, 

Passed  in  the  negative. 

The  delegates  for  Rhode  Island,  being  called,  pro- 
produced  instructions  from  their  constituents ;  and 
thereupon  moved  the  following  amendments  : 

1.  In  the  fifth  article,  after  the  word  "two,"  insert 
cc  members,  unless  by   sickness,  death,  or  any  other 


356  HISTORY  OF  THE  [June  23, 

"  unavoidable  accident,  but  one  of  the  members  of  a 
"  state  can  attend  Congress  ;  in  which  case,  such  state 
"  may  be  represented  in  Congress  by  one  member  for 
"  the  space  of  months." 

Question  put, 

Passed  in  the  negative.     One  ay,  nine  noes. 

2.  In  the  eighth  article,  after  the  word  "appoint," 
insert  "such  estimate  to  be  taken  and  made  once  in 
"  every  five  years." 

Question  put, 

Passed  in  the  negative.     Four  ayes,  six  noes. 

3.  In  the  ninth  article,  at  the  end  of  the  second  pa- 
ragraph, after  the  words  u  for  the  benefit  of  the  Unit- 
"  ed  States,"  add  "  provided  nevertheless,  that  all 
M  lands  within  these  states,  the  property  of  which  be- 
"  fore  the  present  war  was  vested  in  the  crown  of 
"  Great  Britain,  or  out  of  which  revenues  from  quit- 
"  rents  arise,  payable  to  the  said  crown,  shall  be  deem- 
"  ed,  taken,  and  considered,  as  the  property  of  these 
"  United  States;  and  be  disposed  of  and  appropriated 
"  by  Congress,  for  the  benefit  of  the  whole  confedera- 
"  cy,  reserving,  however,  to  the  states  within  whose 
"  limits  such  crown  lands  may  be,  the  entire  and  com- 
"  plele  jurisdiction  thereof." 

Question  put, 

Passed  in  the  negative.     One  ay,  nine  noes. 

The  delegates  from  Connecticut,  being  called  on, 
produced  instructions ;  and  thereupon  moved  the  fol- 
lowing amendments  : 


1778.]  CONFEDERATION.  357 

1.  In  the  eighth  article,  after  the  words  "  in  propor- 
"  tion  to,"  strike  out  what  follows  to  the  end  of  the 
sentence  ;  and  in  lieu  thereof  insert  "  the  number  of 
"  inhabitants  in  each  state." 

Question  put, 

Passed  in  the  negative.     Three  ayes,  nine  noes. 

2.  In  the  ninth  article,  at  the  end  of  the  fifth  para- 
graph, add  the  words  following  :  "  provided  that  no 
"  land  array  shall  be  kept  up  by  the  United  States  in 
"  time  of  peace,  nor  any  officers  or  pensioners  kept  in 
"  pay  by  them  who  are  not  in  actual  service,  except 
"  such  as  are,  or  may  be  rendered  unable  to  support 
"  themselves  by  wounds  received  in  battle  in  the  ser- 
"  vice  of  the  said  states,  agreeable  to  the  provisions 
"  already  made  by  a  resolution  of  Congress." 

Question  put, 

Passed  in  the  negative.     One  ay,  eleven  noes. 

The^ delegates  of  New  York,  being  called  on,  pro- 
duced under  the  great  seal  of  their  state  an  exemplifi- 
cation of  an  act  of  the  legislature  thereof,  ratifying 
the  articles  of  confederation  as  passed  by  Congress, 
with  a  proviso,  that  the  same  shall  not  be  binding  on 
the  state  until  all  the  other  states  in  the  union  ratify 
the  same. 

The  delegates  from  New  Jersey,  being  called  on, 
laid  before  Congress  a  representation  of  the  legisla- 
tive council  and  general  assembly  of  their  state,  re- 
specting the  articles  of  confederation. 

Adjourned  to  ten  o'clock  to-morrow. 


358  HISTORY  OF  THE  [June  25, 


TUESDAY,  JUNE  25,  1778. 

THREE    O'CLOCK,    P.    M. 

Congress  took  into  consideration  the  representation 
from  New  Jersey,  on  the  articles  of  confederation, 
which  was  read  as  follows  : 

To  the  United  States  in  Congress  assembled. 

The  Representation  of  the  Legislative  Council  and 
General  Assembly  of  the  State  of  New  Jersey, 
showeth — 

That  the  articles  of  confederation  and  perpetual 
union  between  the  states  of  New  Hampshire,  Massa- 
chusetts Bay,  Rhode  Island  and  Providence  Planta- 
tions, Connecticut,  New  York,  New  Jersey,  Pennsyl- 
vania, Delaware,  Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia,  proposed  by  the  honoura- 
ble the  Congress  of  the  said  states,  severally  for  their 
consideration,  have  been  by  us  fully  and  attentively 
considered  ;  on  which  we  beg  leave  to  remark  as  fol- 
lows : — 

1.  In  the  fifth  article,  where,  among  other  things, 
the  qualifications  of  the  delegates  from  the  several 
states  are  described,  there  is  no  mention  of  any  oath, 
test,  or  declaration,  to  be  taken  or  made  by  them  pre- 
vious to  their  admission  to  seats  in  Congress.  It  is  in- 
deed to  be  presumed  the  respective  states  will  be  care* 


1778.}  CONFEDERATION.  359 

ful  that  the  delegates  they  send  to  assist  in  managing 
the  general  interest  of  the  union,  take  the  oaths  to  the 
government  from  which  they  derive  their  authority, 
but  as  the  United  States,  collectively  considered,  have 
interests,  as  well  as  each  particular  state,  we  are  of 
opinion  that  some  test  or  obligation  binding  upon 
each  delegate  while  he  continues  in  the  trust,  to  con- 
sult and  pursue  the  former  as  well  as  the  latter,  and 
particularly  to  assent  to  no  vote  or  proceeding  which 
may  violate  the  general  confederation,  is  necessary. 
The  laws  and  usages  of  all  civilized  nations  evince  the 
propriety  of  an  oath  on  such  occasions  ;  and  the  more 
solemn  and  important  the  deposit,  the  more  strong  and 
explicit  ought  the  obligation  to  be. 

2.  By  the  sixth  and  ninth  articles,  the  regulation  of 
trade  seems  to  be  committed  to  the  several  states  within 
their  separate  jurisdictions,  in  such  a  degree  as  may 
involve  many  difficulties  and  embarrassments,  and  be 
attended  with  injustice  to  some  states  in  the  union.  We 
are  of  opinion  that  the  sole  and  exclusive  power  of 
regulating  the  trade  of  the  United  States  with  foreign 
nations  ought  to  be  clearly  vested  in  the  Congress ; 
and  that  the  revenue  arising  from  all  duties  and  cus- 
toms imposed  thereon,  ought  to  be  appropriated  to  the 
building,  equipping,  and  manning  a  navy  for  the  pro- 
tection of  the  trade  and  defence  of  the  coasts,  and  to 
such  other  publick  and  general  purposes  as  to  the  Con- 
gress shall  seem  proper,  and  for  the  common  benefit  of 
the  states.  This  principle  appears  to  us  to  be  just ; 
and  it  may  be  added,  that  a  great  security  will  by  this 
means  be  derived  to  the  union  from  the  establishment 
ef  a  common  and  mutual  interest. 


360  HISTORY  OF  THE  [Juno  23, 

3.  It  is  wisely  provided  in  the  sixth  article,  that  no 
body  of  forces  shall  be  kept  up  by  any  state  in  time  of 
peace,  except  such  number  only  as,  in  the  judgment  of 
the  United  States  in  Congress  assembled,  shall  be 
deemed  requisite  to  garrison  the  forts  necessary  for 
the  defence  of  such  states.  We  think  it  ought  also  to 
be  provided  and  clearly  expressed,  that  no  body  of 
troops  be  kept  up  by  the  United  States  in  time  of  peace, 
except  such  number  only  as  shall  be  allowed  by  the 
assent  of  nine  states.  A  standing  army,  a  military  es- 
tablishment, and  every  appendage  thereof,  in  time  of 
peace,  is  totally  abhorrent  from  the  ideas  and  princi- 
ples of  this  state.  In  the  memorable  act  of  Congress 
declaring  the  United  Colonies  free  and  independent 
states,  it  is  emphatically  mentioned,  as  one  of  the  causes 
of  separation  from  Great  Britain,  that  the  sovereign 
thereof  had  kept  up  among  us,  in  time  of  peace,  stand- 
ing armies  without  the  consent  of  the  legislatures.  It 
is  to  be  wished  the  liberties  and  happiness  of  the  peo- 
ple may  by  the  confederation  be  carefully  and  explicitly 
guarded  in  this  respect. 

4.  On  the  eighth  article  we  observe,  that  as  fre- 
quent settlements  of  the  quotas  for  supplies  and  aids 
to  be  furnished  by  the  several  states  in  support  of  the 
general  treasury,  will  be  requisite,  so  they  ought  to  be 
secured.  It  cannot  be  thought  improper,  or  unneces- 
sary, to  have  them  struck  once  at  least  in  every  five 
years,  and  oftener  if  circumstances  will  allow.  The 
quantity  or  value  of  real  property  in  some  states  may 
increase  much  more  rapidly  than  in  others  ;  and  there- 
fore the  quota  which  is  at  one  time  just,  will  at  another 
be  disproportionate. 


1778.]  CONFEDERATION.  361 

5.  The  boundaries  and  limits  of  each  state  ought  to 
be  fully  and  finally  fixed  and  made  known.  This  we 
apprehend  would  be  attended  with  very  salutary  effects, 
by  preventing  jealousies,  as  well  as  controversies,  and 
promoting  harmony  and  confidence  among  the  states. 
If  the  circumstances  of  the  times  would  not  admit  of 
this,  previous  to  the  proposal  of  the  confederation  to 
the  several  states,  the  establishment  of  the  principles 
upon  which  and  the  rule  and  mode  by  which  the  de- 
termination might  be  conducted  at  a  time  more  con- 
venient and  favourable  for  despatching  the  same  at  an 
early  period,  not  exceeding  five  years  from  the  final 
ratification  of  the  confederation,  would  be  satisfac- 
tory. 

G.  The  ninth  article  provides,  that  no  state  shall  be 
deprived  of  territory  for  the  benefit  of  the  United  States. 
Whether  we  are  to  understand  that  by  territory  is  in- 
tended any  land,  the  property  of  which  was  heretofore 
vested  in  the  crown  of  Great  Britain,  or  that  no  men- 
tion of  such  land  is  made  in  the  confederation,  we  are 
constrained  to  observe,  that  the  present  war,  as  we 
always  apprehended,  was  undertaken  for  the  general 
defence  and  interest  of  the  confederating  colonies,  now 
the  United  States.  It  was  ever  the  confident  expecta- 
tion of  this  state,  that  the  benefits  derived  from  a  suc- 
cessful contest  were  to  be  general  and  proportionate  ; 
and  that  the  property  of  the  common  enemy,  falling  in 
consequence  of  a  prosperous  issue  of  the  war,  would 
belong  to  the  United  States,  and  be  appropriated  to 
their  use.  We  are  therefore  greatly  disappointed  in 
finding  no  provision  made  in  the  confederation  lor  em- 
powering the  Congress  to  dispose  of  such  property, 
vol.  i.  4fi 


362  HISTORY  OF  THE  [June  25, 

but  especially  the  vacant  and  impatented  lands,  com- 
monly called  the  crown  lands,  for  defraying  the  ex- 
penses of  the  war,  and  for  such  other  publick  and 
general  purposes.  The  jurisdiction  ought  in  every 
instance  to  belong  to  the  respective  states  within  the 
charter  or  determined  limits  of  which  such  lands  may 
be  seated  ;  but  reason  and  justice  must  decide,  that  the 
property  which  existed  in  the  crown  of  Great  Britain, 
previous  to  the  present  revolution,  ought  now  to  be- 
long to  the  Congress,  in  trust  for  the  use  and  benefit 
of  the  United  States.  They  have  fought  and  bled  for 
it  in  proportion  to  their  respective  abilities;  and  there- 
fore the  reward  ought  not  to  be  predilectionally  dis- 
tributed. Shall  such  states  as  are  shut  out  by  situa- 
tion from  availing  themselves  of  the  least  advantage 
from  this  quarter,  be  left  to  sink  under  an  enormous 
debt,  whilst  others  are  enabled,  in  a  short  period,  to 
replace  all  their  expenditures  from  the  hard  earnings 
of  the  whole  confederacy? 

7.  The  ninth  article  also  provides  that  requisitions 
for  the  land  forces  to  be  furnished  by  the  several  states 
shall  be  proportioned  to  the  number  of  white  inhabi- 
tants in  each.  In  the  act  of  Independence  we  find  the 
following  declaration  :  "•  We  hold  these  truths  to  be 
"  self  evident,  that  all  men  are  created  equal ;  that 
"  they  are  endued  by  their  Creator  with  certain  una- 
"  lienable  rights,  among  which  are  life,  liberty,  and 
"  the  pursuit  of  happiness."  Of  this  doctrine,  it  is 
not  a  very  remote  consequence,  that  all  the  inhabi- 
tants of  every  society,  be  the  colour  of  their  com- 
plexion what  it  may,  are  bound  to  promote  the  interest 
thereof,  according  to  their  respective  abilities.     They 


1778.]  CONFEDERATION.  363 

ought  therefore  to  be  brought  into  the  account  on  this 
occasion.  But  admitting  necessity  or  expediency  to 
justify  the  refusal  of  liberty  in  certain  circumstances  to 
persons  of  a  peculiar  colour,  \vc  think  it  unequal  to 
reckon  upon  such  in  this  case.  Should  it  be  improper, 
for  special  local  reasons,  to  admit  them  in  arms  for  the 
defence  of  the  nation;  yet  we  conceive  the  propor- 
tion of  forces  to  be  embodied  ought  to  be  fixed  ac- 
cording to  the  whole  number  of  inhabitants  in  the  state, 
from  whatever  class  they  may  be  raised.  II  the  whole 
number  of  inhabitants  in  a  state,  whose  inhabitants  are 
all  whiles,  both  those  who  are  called  into  the  field,  and 
those  who  remain  to  till  the  ground  and  labour  in  the 
mechanical  arts  and  otherwise,  are  reckoned  in  the  es- 
timate for  striking  the  proportion  of  forces  to  be  fur- 
nished by  that  state,  ought  even  a  part  of  the  latter  de- 
scription to  be  left  out  in  another  ?  As  it  is  of  indis- 
pensable necessity  in  every  war,  that  a  part  of  the  in- 
habitants be  employed  for  the  uses  of  husbandry  and 
otherwise  at  home,  while  others  are  called  into  the 
field,  there  must  be  the  same  propriety  that  the  owners 
of  a  different  colour  who  are  employed  for  this  pur- 
pose in  one  state,  while  whites  are  employed  for  the 
same  purpose  in  another,  be  reckoned  in  the  account 
of  the  inhabitants  in  the  present  instance. 

8.  In  order  that  the  quota  of  troops  to  be  furnished  in 
each  state  on  occasion  of  a  war  may  be  equitably  as- 
certained, we  are  of  opinion,  that  the  inhabitants  of 
the  several  states  ought  to  be  numbered  as  frequently 
as  the  nature  of  the  case  will  admit,  once  at  least  every 
five  years.     The  disproportioned  increase  in  the  popu- 


364  HISTORY  OF  THE  [June  25, 

lation  of  different  states  may  render  such  provision  ab- 
solutely necessary. 

9.  It  is  provided  in  the  ninth  article,  that  the  assent 
of  nine  states  out  of  the  thirteen,  shall  be  necessary  to 
determine  in  sundry  cases  of  the  highest  concern.  If 
this  proportion  be  proper  and  just,  it  ought  to  be  kept 
up,  should  the  states  increase  in  number,  and  a  decla- 
ration thereof  be  made  for  the  satisfaction  of  the 
union. 

That  we  think  it  our  indispensable  duty  to  solicit 
the  attention  of  Congress  to  these  considerations  and 
remarks,  and  to  request  that  the  purport  and  meaning 
of  them  be  adopted  as  part  of  the  general  confedera- 
tion ;  by  which  means  we  apprehend  the  mutual  in- 
terests of  all  the  states  will  be  better  secured  and  pro- 
moted, and  that  the  legislature  of  this  state  will  then 
be  justified  in  ratifying  the  same. 

Whereupon  it  was  moved,  that  the  several  articles 
in  the  confederation  referred  to  in  the  foregoing  rep- 
resentation be  so  far  reconsidered  as  to  admit  the  pur- 
port and  meaning  of  the  additions,  alterations  and 
amendments  proposed  in  the  said  representation. 

Question  put, 

Passed  in  the  negative.  Three  ayes,  six  noes,  one 
divided. 

The  delegates  of  Pennsylvania,  being  called  on, 
moved  the  following  amendments  in  behalf  of  their 
state  : 


1778.]  CONFEDERATION.  365 

1.  In  the  first  paragraph  of  the  fifth  article,  dele 
the  words  "  for  the  remainder  of  the  year." 

Question  put, 

Passed  in  the  negative.  Two  ayes,  eight  noes,  one 
divided. 

2.  That  such  part  of  the  ninth  article  as  respects  the 
post  office,  be  altered  or  amended,  so  as  that  Congress 
be  obliged  to  lay  the  accounts  annually  before  the  le- 
gislatures of  the  several  stales. 

Question  put, 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

3.  In  the  fifth  paragraph  of  the  ninth  article,  ex- 
punge the  word  "  white." 

Question  put, 

Passed  in  the  negative.  Three  ayes,  seven  noes, 
one  divided. 

4.  In  the  last  section  of  the  ninth  article,  after  the 
word  "  delegates,"  add  "  respectively." 

Question  put, 

Passed  in  the  negative.     One  ay,  ten  noes. 

The  delegates  from  Virginia,  being  called  on,  in- 
formed Congress,  that  they  are  empowered  to  ratify,  in 
behalf  of  their  state,  the  articles  of  confederation  as 
they  now  stand. 

The  delegates  from  South  Carolina,  being  called  on, 
moved  the  following  amendments  in  behalf  of  their 
state  : 

1.  In  article  fourth,  between  the  words  "free  ioha- 
"  bitants,"  insert "  white." 


366  HISTORY  OF  THE  [June  25, 

Passed  in  the  negative.  Two  ayes,  eight  noes,  one 
divided. 

2.  In  the  next  line  after  the  words  "these  states," 
insert  "  those  who  refuse  to  take  up  arras  in  defence  of 
the  confederacy." 

Passed  in  the  negative.     Three  ayes,  eight  noes. 

3.  After  the  words  "  several  states,"  insert  "  accord- 
"  ing  to  the  law  of  such  slates  respectively  for  the  go- 
vernment of  their  own  free  white  inhabitants." 

Passed  in  the  negative.  Two  ayes,  eight  noes,  one 
divided. 

4.  After  the  words  "  of  which  the  owner  is  an  inha- 
bitant," insert  "  except  in  such  cases  of  embargo." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

5.  In  the  first  paragraph  of  the  fifth  article,  strike 
out  "first  Monday  in  November,"  and  insert  "  nine- 
"  teenth  day  of  April." 

Passed  in  the  negative.  One  ay,  nine  noes,  one 
divided. 

G.  In  the  second  paragraph  of  the  fifth  article  sub- 
stitute "  three"  in  the  place  of  "  two,"  and  "  two"  in 
the  place  of  "  three,"  and  "  four"  in  the  place  of  "  six." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

7.  In  the  third  paragraph  for  "  committee"  read 
"  grand  council." 

Passed  in  the  negative.  One  ay,  nine  noes,  one 
divided. 

8.  In  .the  first  paragraph  of  the  sixth  article,  for 
"  prince  or  state,"  read  "  prince  or  foreign  state,  ex- 
"  cept  the  same  be  upon  the  subject  of  commerce,  nor 
"  then  so  as  to  interfere  with  any  treaty  or  alliance 


1778.]  CONFEDERATION.  367 

"with  the  United  State9  made  or  treaty  proposed  by 
"  Congress." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

9.  In  the  second  paragraph  of  the  sixth  article, 
strike  out  "by  some  nation  of  Indians,"  and  after  the 
words  "  to  invade  such  state,"  insert  "or  upon  rcqui- 
"  sition  to  assist  a  sister  state,  actually  invaded  or 
"  threatened  with  an  invasion." 

Passed  in  the  negative.     Three  ayes,  eight  noes. 

10.  In  the  first  paragraph  of  the  seventh  article, 
strike  out  "  of  or  under  the  rank  of  colonel,"  and  af- 
ter "  shall  be  appointed"  insert  "  commissioned." 

Passed  in  the  negative.  Two  ayes,  eight  noes,  one 
divided. 

11.  At  the  end  of  the  seventh  article  add  "The 
"  troops  to  be  raised  shall  be  deemed  the  troops  of 
"  that  state  by  which  they  are  raised.  The  Congress 
"  or  grand  council  of  the  states  may,  when  they  think 
"  proper,  make  requisition  to  any  state  for  two-thirds 
"  of  the  troops  to  be  raised  -,  which  requisition  shall 
"  be  binding  upon  the  said  states  respectively  ;  but  the 
"  remaining  third  shall  not  be  liable  to  be  drawn  out 
"  of  the  state  in  which  they  are  raised,  without  the 
"  consent  of  the  executive  authority  of  the  same. 
"  When  any  forces  are  raised,  they  shall  be  under  the 
"  command  of  the  executive  authority  of  the  state  in 
"  which  they  are  so  raised,  unless  they  be  joined  by 
"  troops  from  any  other  state,  in  which  the  congress  or 
"  grand  council  of  the  states  may  appoint  a  general  offi- 
"  cer  to  take  the  command  of  the  whole  j  and  until  the 
"  same  can  be  done,  the  command  shall  be  in  the  se- 
■'  nior  officer  present,  who   shall  be  amenable   for  hi- 


363  HISTORY  OF  THE  [June  25, 

"  conduct  to  the  executive  authority  of  the  state  in 
"  which  the  troops  are,  and  shall  be  liable  to  be  sus- 
"  pended  thereby.  The  expenses  of  the  troops  so  to 
"be  raised  shall  be  defrayed  by  the  state  to  which 
"  they  belong  ;  but  when  called  into  service  by  the 
"  United  States,  they  shall  be  fed  and  paid  at  the  ex- 
"  pense  of  the  United  States." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

12.  In  the  first  line  of  the  eighth  article  strike  out 
"  charges  of  war  ana  all  other." 

Passed  in  the  negative.  Two  ayes,  eight  noes,  one 
divided. 

13.  In  the  same  article  strike  out  "according  to 
"such  mode  as  the  United  States  in  Congress  assem- 
'•'  bled  shall  from  time  to  time  direct  and  appoint ;" 
and  instead  "and  improvements  thereon  shall  be  esti- 
"  mated,"  read  "  and  improvements  thereon  shall,  by 
"  periods  of  years  not  exceeding  ten,  as  often  as  may 
"  be  required  by  Congress,  be  generally  estimated  by 
"  persons  to  be  appointed  by  the  legislatures  of  the 
"respective  states  to  value  the  same  upon  oath." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

14.  In  the  first  paragraph  of  article  ninth,  strike  out 
•'appointing  courts  for  the  trial  of  piracies  and  felo- 
"  nies  committed  on  the  high  seas,"  and  in  lieu  thereof 
insert  'l  declaring  what  acts  committed  on  the  high  seas 
ic  shall  be  deemed  piracies  or  felonies." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

15.  In  the  second  paragraph  of  the  ninth  article, 
for  "  be  the  last  resort  on  appeal,"  read  "  decide  and 
t;  determine."  and  strike  out  all  that  relates  to  the  mode 


1778.]  CONFEDERATION.  369 

of  settling  differences  between  states  and   controver- 
sies concerning  private  right  of  soil. 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

16.  In  the  fifth  paragraph  of  the  ninth  article,  after 
the  words  "  in  any  term"  strike  out  "  three,"  and  in- 
sert "  two." 

Passed  in  the  negative.  Three  ayes,  seven  noes, 
one  divided. 

17.  In  the  sixth  paragraph  of  the  ninth  article,  for 
"  unless  nine  states,"  read  "  unless  eleven  states." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

18.  At  the  end  of  the  same  paragraph,  strike  out 
the  words  st  in  Congress  assembled." 

Passed  in  the  negative.     One  ay,  ten  noes. 

19.  In  the  last  paragraph  of  the  ninth  article,  after 
the  words  "  and  the  yeas  and  nays  of  the  delegates  of 
each  state  on,"  for  "any"  read  "  every,"  and  strike 
out  the  words  "  when  it  is  desired  by  any  delegate." 

Passed  in  the  negative.     Two  ayes,  nine  noes. 

20.  In  the  same  sentence,  strike  out  "  a  state  or," 
and  also  "  at  his  or  their  request,"  and  after  the  words 
"  and  the"  insert  "  respective  states  or  the,"  and  after 
i!  shall,"  insert  "  upon  requisition." 

Passed  in  the  negative.     One  ay,  ten  noes. 

21.  Amend  the  last  clause  of  the  thirteenth  article, 
so  as  to  read  "  unless  such  alteration  be  agreed  to  by 
"  eleven  of  the  UnitecTSUiies  in  Congress  assembled, 
"  and  be  afterwards  confirmed  by  the  legislatures  of 
:;  eleven  of  the  United  States." 

Passed  in  the  negative.  Three  ayc=;.  six  noe*.  'wo 
divided. 

vol.   i.  47 


370  HISTORY  OF  THE  [June  26, 

The  delegate  from  Georgia,  being  called  on,  inform- 
ed Congress  that  he  has  not  yet  received  any  instruc- 
tions or  orders  from  his  constituents  respecting  the 
articles  of  confederation  ;  but  that  his  state  having 
shown  so  much  readiness  to  ratify  them,  even  in  an 
imperfect  state,  and  it  being  so  much  for  their  interest 
that  the  confederation  should  be  ratified,  he  had  no 
doubt  of  their  agreeing  to  the  articles  as  they  now 
stand. 

Delaware  and  North  Carolina,  not  having  delegates 
present  in  Congress,  no  report  was  received  from  them, 
saving  what  is  contained  in  Governour  Caswell's  letter 
informing  that  the  legislature  of  North  Carolina  have 
agreed  to  the  articles  of  confederation. 

Ordered,  That  a  committee  of  three  be  appointed 
to  prepare  the  form  of  a  ratification  of  the  articles  of 
confederation. 

The  members  chosen,  Mr.  R.  H.  Lee,  Mr.  G.  Mor- 
ris, and  Mr.  Dana. 

Adjourned  to  10  o'clock  to-morrow, 

FRIDAY,  JUNE  26,  1778. 

The  committee  appointed  to  prepare  the  form  of  a 
ratification  of  the  articles  of  confederation  brought  in 
a  draft,  which  was  agreed  to  as  follows  : 


1778.]  CONFEDERATION. 


To  all  to  whom  these  presents  shall  come. 

We  the  delegates  of  the  states  affixed  to  our  name- 
send  greeting. 

Whereas  the  delegates  of  the  United  Stales  of  Ame- 
rica in  Congress  assembled  did,  on  the  fifteenth  day  o! 
November,  in  the  year  of  our  Lord  one  thousand  se 
ven  hundred  and  seventy-seven,  and  in  the  second 
year  of  the  independence  of  America,  agree  to  cer- 
tain articles  of  confederation  and  perpetual  union  be- 
tween the  states  of  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations,  Con- 
necticut, New  York,  New  Jersey,  Pennsylvania,  De- 
laware, Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia,  in  the  words  following,  namely. 

ARTICLES 

OF  CONFEDERATION  AND  PERPETUAL  UNION 

BETWEEN     THE    STATES    OF 

New  Hampshire,  Pennsylvania, 

Massachusetts  Bay,  Delaware, 

Rhode  Island  and  Maryland, 

Providence  Plantations,  Virginia, 

Connecticut,  North  Carolina, 

New  York,  South  Carolina,  and 

New  Jersey.  Georgia. 


372  HISTORY  OF  THE  [June  26, 


ARTICLE    I. 

The  style  of  this  confederacy  shall  be,  the  united 

STATES  OF    AMERICA. 

ARTICLE    II. 

Each  state  retains  its  sovereignty,  freedom  and  in- 
dependence, and  every  power,  jurisdiction  and  right, 
which  is  not  by  this  confederation  expressly  delegated 
to  the  United  States  in  Congress  assembled. 

ARTICLE   in. 

The  said  states  hereby  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common 
defence,  the  security  of  their  liberties,  and  their  mutual 
and  general  welfare ;  binding  themselves  to  assist 
each  other,  against  all  force  offered  to,  or  attacks  made 
upon  them,  or  any  of  them,  on  account  of  religion,  so- 
vereignty, trade,  or  any  other  pretence  whatever. 

ARTICLE    IV. 

The  belter  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  differ- 
ent states  in  this  union,  the  free  inhabitants  of  each  of 
these  states,  paupers,  vagabonds  and  fugitives  from 
justice  excepted,  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  states;  and 
the  people  of  each  state  shall  have  free  ingress  and 
regress  to  and  from  any  other  state  ;  and  shall  enjoy 


1778.]  CONFEDERATION. 

therein  all  the  privileges  of  trade  and  commerce, 
subject  to  the  same  duties,  impositions  and  restric- 
tions as  the  inhabitants  thereof  respectively  ;  provid- 
ed, that  such  restriction  shall  not  extend  so  far  as 
to  prevent  the  removal  of  properly  imported  into  any 
state,  to  any  other  state  of  which  the  owner  is  an  in- 
habitant; provided  also,  that  no  imposition,  duties  or 
restriction  shall  be  laid  by  any  state,  on  the  propcrtv 
of  the  United  States,  or  either  of  them. 

If  any  person  guilty  of  or  charged  with  treason, 
felony,  or  other  high  misdemeanor,  in  any  state,  shall 
flee  from  justice,  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governour  or  exe- 
cutive power  of  the  state  from  which  he  fled,  be  deli- 
vered up  and  removed  to  the  state  having  jurisdiction 
of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these 
states  to  the  records,  acis  and  judicial  proceedings  of 
the  courts  and  magistrates  of  every  other  slate. 

ARTICLE    V. 

For  the  more  convenient  management  of  the  gene- 
ral interests  of  the  United  States,  delegates  shall  be 
annually  appointed  in  such  manner  as  the  legislature 
of  each  state  shall  direct,  to  meet  in  Congress  on  the 
first  Monday  in  November,  in  every  year,  with  a  power 
reserved  to  each  state  to  recall  its  delegates,  or  any  of 
them,  at  any  time  within  the  year,  and  send  others  in 
their  stead  for  the  remainder  of  the  year. 

No  state  shall  be  represented  in  Congress,  by  less 
than  two,  nor  by  more  than  seven  members:  and  no 


374  HISTORY  OF  THE  [June  26, 

person  shall  be  capable  of  being  a  delegate  for  more 
than  three  years  in  any  term  of  six  years;  nor  shall 
any  person,  being  a  delegate,  be  capable  of  holding 
any  office  under  the  United  States,  for  which  he,  or 
another  for  his  benefit,  receives  any  salary,  fees,  or 
emolument  of  any  kind. 

Each  slate  shall  maintain  its  own  delegates  in  a 
meeting  of  the  states,  and  while  they  act  as  members 
of  the  committee  of  the  states. 

In  determining  questions  in  the  United  States  in 
Congress  assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall 
not  be  impeached  or  questioned  in  any  court,  or  place 
out  of  Congress;  and  the  members  of  Congress  shall 
be  protected  in  their  persons  from  arrests  and  impri- 
sonment, during  the  time  of  their  going  to  and  from, 
and  attendance  on  Congress,  except  for  treason,  felo- 
ny, or  breach  of  the  peace. 

ARTICLE    VI. 

No  state,  without  the  consent  of  the  United  Slates 
in  Congress  assembled,  shall  send  any  embassy  to,  or 
receive  any  embassy  from,  or  enter  into  any  confer- 
rence,  agreement,  alliance,  or  treaty  with  any  king, 
prince,  or  state ;  nor  shall  any  person  holding  any 
office  of  profit  or  trust  under  the  United  Slates,  or  any 
of  them,  accept  of  any  present,  emolument,  office,  or 
title  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state  ;  nor  shall  the  United  States  in  Congress 
assembled,  or  any  of  them,  grant  any  title  of  no- 
bility. 


1778.]  CONFEDERATION.  27., 

No  two  or  more  states  shall  enter  into  any  treaty, 
confederation,  or  alliance  whatever  between  them, 
without  the  consent  of  the  United  States  in  CongreM 
assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  he  entered  into,  and  how  long  il 
shall  continue. 

No  state  shall  lay  any  imposts  or  duties  which  may 
interfere  with  any  stipulations  in  treaties  entered  into, 
by  the  United  States  in  Congress  assembled,  with  any 
king,  prince,  or  state,  in  pursuance  of  any  treaties  al- 
ready proposed  by  Congress  to  the  courts  of  France 
and  Spain. 

No  vessels  of  war  shall  be  kept  up,  in  time  of  peace, 
by  any  state,  except  such  number  only  as  shall  be 
deemed  necessary  by  the  United  States  in  Congress 
assembled,  for  the  defence  of  such  state,  or  its  trade  ; 
nor  shall  any  body  of  forces  be  kept  up  by  any  state, 
in  time  of  peace,  except  such  number  only  as  in  the 
judgment  of  the  United  States  in  Congress  assembled 
shall  be  deemed  requisite  to  garrison  the  forts  neces- 
sary for  the  defence  of  such  state  :  but  every  state 
shall  always  keep  up  a  well  regulated  and  disciplined 
militia,  sufficiently  armed  and  accoutred;  and  shall 
provide  and  constantly  have  ready  for  use,  in  publick 
stores,  a  due  number  of  field  pieces  and  tents,  and  a 
proper  quantity  of  arms,  ammunition  and  camp  equi- 
page. 

No  state  shall  engage  in  any  war,  without  the  con- 
sent of  the  United  States  in  Congress  assembled,  un- 
less such  state  be  actually  invaded   by  enemies,   or 
shall  have   received  certain  advice  of  a  resolution  be 
ing  formed  by  some  nation  of  Indians  to  invade  suck 


376  HISTORY  OF  THE  [June  26, 

state,  and  the  danger  is  so  imminent  as  not  to  admit 
of  a  delay,  till  the  United  States  in  Congress  assem- 
bled can  be  consulted  :  nor  shall  any  state  grant  com- 
missions to  any  ship  or  vessels  of  war,  nor  letters  of 
marque  or  reprisal,  except  it  be  after  a  declaration  of 
war  by  the  United  States  in  Congress  assembled  ;  and 
then  only  against  the  kingdom  or  state,  and  the  sub- 
jects thereof,  against  which  war  has  been  so  declared, 
and  under  such  regulations  as  shall  be  established  by 
the  United  States  in  Congress  assembled  ;  unless  such 
state  be  infested  by  pirates,  in  which  vessels  of  war 
may  be  fitted  out  for  that  occasion,  and  kept  so  long 
as  the  danger  shall  continue,  or  until  the  United  Slates 
in  Congress  assembled  shall  determine  otherwise. 

ARTICLE    VII. 

When  land  forces  are  raised  by  any  state  for  the 
common  defence,  all  officers  of  or  under  the  rank  of 
colonel,  shall  be  appointed  by  the  legislature  of  each 
state  respectively  by  whom  such  forces  shall  be  raised, 
or  in  such  manner  as  such  state  shall  direct;  and  all 
vacancies  shall  be  filled  up  by  the  state  which  first 
made  the  appointment. 

ARTICLE    VIII. 

All  charges  of  war,  and  ail  other  expenses  that  shall 
be  incurred  for  the  common  defence,  or  general  wel- 
fare, and  allowed  by  the  United  States  in  Congress 
assembled,  shall  be  defrayed  out  of  a  common  treasu- 
ry, which  shall  be   supplied  by  the  several   states  in 


1778.]  CONFEDERATION.  377 

proportion  to  the  value  of  all  land  within  each  state, 
granted  to,  or  surveyed  for,  any  person,  as  such  land 
and  the  buildings  and  improvements  thereon  shall  be 
estimated,  according  to  such  mode  as  the  United  States 
in  Congress  assembled  shall,  from  lime  to  time,  direct 
and  appoint.  The  taxes  for  paying  that  proportion 
shall  be  laid  and  levied  by  the  authority  and  direction 
of  the  legislatures  of  the  several  states,  within  the 
time  agreed  upon  by  the  United  States  in  Congress 
assembled. 


ARTICLE    IX. 

The  United  States  in  Congress  assembled  shall  have 
the  sole  and  exclusive  right  and  power  of  determin- 
ing on  peace  and  war,  except  in  the  cases  mentioned 
in  the  sixth  article  :  Of  sending  and  receiving  ambas- 
sadors:  Entering  into  treaties  and  alliances;  provided 
that  no  treaty  of  commerce  shall  be  made  whereby 
the  legislative  power  of  the  respective  states  shall  be 
restrained  from  imposing  such  imposts  and  duties  on 
foreigners  as  their  own  people  are  subjected  to,  or 
from  prohibiting  the  exportation  or  importation  of  any 
species  of  goods  or  commodities  whatever  :  Of  esta- 
blishing rules  for  deciding  in  all  cases  what  captures 
on  land  or  water  shall  be  legal ;  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of 
the  United  States  shall  be  divided  or  appropriated  : 
Of  granting  letters  of  marque  and  reprisal  in  times  of 
peace:  Appointing  courts  for  the  trial  of  piracies  and 
felonies  committed  on  the  high  seas;  and  establishing 
courts  for  receiving  and  determining  finally  appeals  in 
vol.  i.  48 


37«  HISTORY  OF  THE  [June  26, 

all  cases  of  captures;  provided,  that  no  member  of 
Congress  shall  be  appointed  a  judge  of  any  of  the  said 
courts. 

The  United  States  in  Congress  assembled  shall  also 
be  the  last  resort,  on  appeal,  in  all  disputes  and  diffe- 
rences now  subsisting,  or  that  hereafter  may  arise,  be- 
tween two  or  more  states  concerning  boundary,  juris- 
diction, or  any  other  cause  whatever;  which  authority 
shall  always  be  exercised  in  the  manner  following: — 
Whenever  the  legislative  or  executive  authority  or 
lawful  agent  of  any  state  in  controversy  with  another 
shall  present  a  petition  to  Congress,  stating  the  matter 
in  question,  and  praying  for  a  hearing,  notice  thereof 
shall  be  given  by  order  of  Congress  to  the  legislative 
or  executive  authority  of  the  other  state  in  controver- 
sy;  and  a  day  assigned  for  the  appearance  of  the  par- 
ties by  their  lawful  agents,  who  shall  then  be  directed 
to  appoint,  by  joint  consent,  commissioners  or  judges 
to  constitute  a  court  for  hearing  and  determining  the 
matter  in  question  :  but  if  they  cannot  agree,  Congress 
shall  name  three  persons  out  of  each  of  the  United 
Slates  ;  and  from  the  list  of  such  persons,  each  party 
shall  alternately  strike  out  one,  the  petitioners  begin- 
ning, until  the  number  shall  be  reduced  to  thirteen  ; 
and  from  that  number,  not  less  than  seven  nor  more 
than  nine  names,  as  Congress  shall  direct,  shall  in  the 
presence  of  Congress  be  drawn  out  by  lot;  and  the 
persons  whose  names  shall  be  so  drawn,  or  any  five  of 
them,  shall  be  commissioners  or  judges  to  hear  and 
finally  determine  the  controversy,  so  always  as  a  major 
part  of  the  judges  who  shall  hear  the  cause,  shall 
agree  in  the  determination.     And  if  either  party  shall 


1778.]  CONFEDERATION. 

neglect  to  attend  at  the  day  appointed,  without  show- 
ing reasons  which  Congress  shall  judge  sufficient,  or 
being  present  shall  refuse  to  strike,  the  Congress  shall 
proceed  to  nominate  three  persons  out  of  each  state  ; 
and  the  Secretary  of  Congress  shall  strike  in  behalf  ol 
such  party  absent  or  refusing;  and  the  judgment  and 
sentence  of  the  court  to  be  appointed  in  the  manner 
before  prescribed  shall  be  final  and  conclusive.  And 
if  any  of  the  parties  shall  refuse  to  submit  to  the  au- 
thority of  such  court,  or  to  appear,  or  defend  their 
claim  or  cause,  the  court  shall  nevertheless  proceed  to 
pronounce  sentence,  or  judgment,  which  shall  in  like 
manner  be  final  and  decisive  ;  the  judgment,  or  sen- 
tence and  other  proceedings  being  in  either  case  trans- 
mitted to  Congress,  and  lodged  among  the  acts  of  Con- 
gress for  the  security  of  the  parties  concerned  :  Pro- 
vided, that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath  to  be  administered  by 
one  of  the  judges  of  the  supreme  or  superior  court  of 
the  state  where  the  cause  shall  be  tried,  "  Well  and 
"  truly  to  hear  and  determine  the  matter  in  question, 
•'  according  to  the  best  of  his  judgment,  without  fa- 
"  vour,  affection,  or  hope  of  reward  :"  Provided  also, 
that  no  state  shall  be  deprived  of  territory  for  the 
benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil 
claimed  under  different  grants  of  two  or  more  states, 
whose  jurisdictions  as  they  may  respect  such  lands 
and  the  states  which  passed  such  grants  are  adjusted. 
the  said  grants,  or  either  of  them,  being  at  the  same 
time  claimed  to  have  originated  antecedent  to  such 
settlement    of  jurisdiction,   shall,  on   the   peiition    o' 


380  HISTORY  OF  THE  [June  26 

cither  party  to  the  Congress  of  the  United  States,  be 
finally  determined  as  near  as  may  be  in  the  same  man- 
ner as  is  before  prescribed  for  deciding  disputes 
respecting  territorial  jurisdiction  between  different 
stales. 

The  United  States  in  Congress  assembled  shall  also 
have  the  sole  and  exclusive  right  and  power  of  regu- 
lating the  alloy  and  value  of  coin  struck  by  their  own 
authority,  Or  by  that  of  the  respective  states:  Fixing 
the  standard  of  weights  and  measures  throughout  the 
United  States  :  Regulating  the  trade  and  managing  all 
affairs  with  the  Indians,  not  members  of  any  of  the 
states  ;  provided  that  the  legislative  right  of  any  state 
within  its  own  limits  be  not  infringed  cr  violated  :  Es- 
tablishing and  regulating  postoffices  from  one  state  to 
another,  throughout  all  the  United  States,  and  exacting 
such  postage  on  the  papers  passing  through  the  same 
as  may  be  requisite  to  defray  the  expenses  of  the  said 
office:  Appointing  all  officers  of  the  land  forces  in  the 
service  of  the  United  States,  excepting  regimental 
officers  :  Appointing  all  the  officers  of  the  naval  for- 
ces, and  commissioning  all  officers  whatever  in  the 
service  of  the  United  States  :  Making  rules  for  the 
government  and  regulation  of  the  land  and  naval  for- 
ces, and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have 
authority  to  appoint  a  committee  to  sit  in  the  recess  of 
Congress,  to  be  denominated  a  committee  op  the 
states,  and  to  consist  of  one  delegate  from  each 
state  ;  and  to  appoint  such  other  committees  and  civil 
officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  United  States  under  their  direction :  To 


1778.]  CONFEDERATION.  381 

appoint  one  of  their  number  to  preside;  provided, 
that  no  person  be  allowed  to  serve  in  the  office  of  Pre- 
sident more  than  one  year  in  any  term  of  three  years : 
To  ascertain  the  necessary  sums  of  money  to  be  raised 
for  the  service  of  the  United  States,  and  to  appropri- 
ate and  apply  the  same  for  defraying  the  publick  ex- 
penses: To  borrow  money,  or  emit  bills  on  the  credit 
of  the  United  States,  transmitting  every  half  year  to 
the  respective  states  an  account  of  the  sums  of  money 
so  borrowed  or  emitted  :  To  build  and  equip  a  navy  : 
To  agree  upon  the  number  of  land  forces,  and  to  make 
requisitions  from  each  state  for  its  quota,  in  proportion 
to  the  number  of  white  inhabitants  in  such  state,  which 
requisition  shall  be  binding  ;  and  thereupon  the  legis- 
lature of  each  state  shall  appoint  the  regimental  offi- 
cers, raise  the  men,  and  clothe,  arm,  and  equip  them, 
in  a  soldierlike  manner,  at  the  expense  of  the  United 
States  ;  and  the  officers  and  men  so  clothed,  armed 
and  equipped,  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  States  in 
Congress  assembled  :  but  if  the  United  States  in  Con- 
gress assembled,  shall,  on  consideration  of  circum- 
stances, judge  proper  that  any  state  should  not  raise 
men,  or  should  raise  a  smaller  number  than  its  quota, 
and  that  any  other  state  should  raise  a  greater  number 
of  men  than  its  quota  thereof,  such  extra  number  shall 
be  raised,  officered,  clothed,  armed  and  equipped,  in 
the  same  manner  as  the  quota  of  such  state  ;  unless 
the  legislature  of  such  state  shall  judge  that  such  ex- 
tra number  cannot  be  safely  spared  out  of  the  same  ; 
in  which  case  they  shall  raise,  officer,  clothe,  arm  and 
equip  as  many  of  such  extra  number  as  they  judge  can 


382  HISTORY  OF  THE  [June  2b, 

be  safely  spared  :  and  the  officers  and  men  so  cloth- 
ed, armed  and  equipped,  shall  march  to  the  place  ap- 
pointed, and  within  the  time  agreed  on  by  the  United 
States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall  ne- 
ver engage  in  a  war;  nor  grant  letters  of  marque  and 
reprisal  in  time  of  peace  ;  nor  enter  into  any  treaties 
or  alliances  ;  nor  coin  money  ;  nor  regulate  the  value 
thereof;  nor  ascertain  the  sums  and  expenses  necessa- 
ry for  the  defence  and  welfare  of  the  United  States, 
or  any  of  them  ;  nor  emit  bills  ;  nor  borrow  money  on 
the  credit  of  the  United  States  ;  nor  appropriate  mo- 
ney;  nor  agree  upon  the  number  of  vessels  of  war  to 
be  built  or  purchased,  or  the  number  of  land  or  sea 
forces  to  be  raised  ;  nor  appoint  a  commander  in  chief 
of  the  army  or  navy — unless  nine  states  assent  to  the 
same  :  nor  shall  a  question  on  any  other  point,  except 
for  adjourning  from  day  to  day,  be  determined,  unless 
by  the  votes  of  a  majority  of  the  United  States  in 
Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power 
to  adjourn  to  any  time  within  the  year,  and  to  any 
place  within  the  United  States,  so  that  no  period  of 
adjournment  be  for  a  longer  duration  than  the  space  of 
six  months  ;  and  shall  publish  the  journal  of  their  pro- 
ceedings monthly,  except  such  parts  thereof  relating 
to  treaties,  alliances,  or  military  operations,  as  in  their 
judgment  require  secrecy;  and  the  yeas  and  nays  of 
the  delegates  of  each  state  on  any  question  shall  be 
entered  on  the  journal,  when  it  is  desired  by  any  dele- 
gate ;  and  the  delegates  of  a  state,  or  any  of  them, 
at  his  or  their  request,  shall  be  furnished  with  a  tran- 


1778.]  CONFEDERATION,  3153 

script  of  the  said  journal,  except  such  parts  as  are 
above  excepted,  to  lay  before  the  legislatures  of  the 
several  states. 


article  x. 

The  committee  of  the  states,  or  any  nine  of  them, 
shall  be  authorized  to  execute,  in  the  recess  of  Con- 
gress, such  of  the  powers  of  Congress  as  the  United 
States  in  Congress  assembled,  by  the  consent  of  nine 
states,  shall,  from  time  to  time,  think  expedient  to  vest 
them  with  ;  provided,  that  no  power  be  delegated  to 
the  said  committee,  for  the  exercise  of  which,  by  the 
articles  of  confederation,  the  voice  of  nine  states  in 
the  Congress  of  the  United  States  assembled  is  requi- 
site. 


ARTICLE    XI. 

Canada  acceding  to  this  confederation,  and  joining 
in  the  measures  of  the  United  States,  shall  be  admitted 
into  and  entitled  to  all  the  advantages  of  this  union. 
But  no  other  colony  shall  be  admitted  into  the  same, 
unless  such  admission  be  agreed  to  by  nine  states. 

ARTICLE    XII. 

All  bills  of  credit  emitted,  moneys  borrowed,  and 
debts  contracted,  by  or  under  the  authority  of  Con- 
gress, before  the  assembling  of  the  United  States  in 
pursuance  of  the  present  confederation,  shall  be  deem- 
ed   and  considered   as  a  charge  against  the   United 


384  HISTORY  OF  THE  [June  26, 

States,  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  publick  faith  are  hereby  so- 
lemnly pledged. 


ARTICLE    XIII. 

Every  state  shall  abide  by  the  determinations  of  the 
United  States  in  Congress  assembled,  on  all  questions 
which  by  this  confederation  are  submitted  to  them. 
And  the  articles  of  this  confederation  shall  be  inviola- 
bly observed  by  every  state  ;  and  the  union  shall  be 
perpetual.  Nor  shall  any  alteration  at  any  time  here- 
after be  made  in  any  of  them,  unless  such  alteration 
be  agreed  to  in  a  Congress  of  the  United  States,  and 
be  afterwards  confirmed  by  the  legislatures  of  every 
state. 

Which  articles  were  by  Congress  proposed  to  the 
legislatures  of  all  the  United  States,  to  be  considered  ; 
and  if  approved  of  by  them,  they  were  advised  to  au- 
thorize their  delegates  to  ratify  the  same  in  the  Con- 
gress of  the  United  States. 

And  whereas  it  hath  pleased  the  great  Governour  of 
the  world  to  incline  the  hearts  of  the  legislatures  we 
respectively  represent  in  Congress  to  approve  of,  and 
to  authorize  us  to  ratify  the  said  articles  of  confedera- 
tion and  perpetual  union  : 

Know  ye,  That  we  the  undersigned  delegates,  by 
virtue  of  the  power  and  authority  to  us  given  for 
that  purpose,  do  by  these  presents,  in  the  name 
and  in  behalf  of  our  respective  constituents,  fully  and 
entirely  ratify  and   confirm  each  and   every   of   the 


1778.]  CONFEDERATION.  385 

said  articles  of  confederation  and  perpetual  union, 
and  all  and  singular  the  matters  and  things  therein 
contained.  And  wc  do  further  solemnly  plight  and 
engage  the  faith  of  our  respective  constituents,  that  they 
shall  abide  by  the  determinations  of  the  United  Stales 
in  Congress  assembled,  on  all  questions  which  by  the 
said  confederation  are  submitted  to  them  ;  and  that  the 
articles  thereof  shall  be  inviolably  observed  by  the 
states  we  respectively  represent  ;  and  that  the  union 
shall  be  perpetual. 

In  witness  whereof,  we  have  hereunto  set  our  hands, 
this  day  of  in  the  year  of  our 

Lord  one  thousand  seven  hundred  and  seventy- 
eight,  and  in  the  year  of  the  Indepen- 
dence of  the  United  States  of  America. 


SATURDAY,  JUNE  27,  1778. 

The  engrossed  copy  of  the  articles  of  confederation, 
with  the  ratification  agreed  to,  was  laid  before  Con- 
gress ;  and  the  same  upon  examination  being  found  in- 
correct— 

Ordered,  That  another  copy  be  made,  and  laid  before 
Congress  on  or  before  the  4th  of  July  next;  and  that 
the  delegates  of  the  respective  states  lodge  with  the 
Secretary  their  powers  for  ratifying  the  same. 


vor,.  i.  40 


386  HISTORY  OF  THE  [June  27, 


POWERS  OF  THE  STATES 

TO  THEIR  DELEGATES  TO  RATIFY  THE  ARTICLES  OF 
CONFEDERATION. 

STATE  OF  NEW  HAMPSHIRE. 

In  the  House  of  Representatives,  March  4,  1778. 
The  house  took  into  consideration  the  thirteen  arti- 
cles of  confederation  and  perpetual  union  between  the 
thirteen  United  States  of  America,  as  agreed  to  by  the 
honourable  Congress  of  said  states,  and  came  to  the 
following  resolutions  thereon,  namely, 

Resolved,  That  we  do  agree  to  the  said  articles  of 
confederation,  perpetual  union,  &c.  &c.  and  do,  for 
ourselves  and  constituents,  engage  that  the  same  shall 
be  inviolably  observed  by  this  state.  And  the  dele- 
gates of  this  slate  for  the  time  being,  at  the  Congress 
aforesaid,  are  hereby  empowered  and  instructed  to  ra- 
tify the  same  in  behalf  of  this  state. 

Sent  up  for  concurrence. 
JOHN  DUDLEY,  Speaker  pro-tem. 
In  Council,  the  same  day,  read  and  concurred. 
E.  Thompson,  Secretary. 
Copy  attest. 

MESHECH  WE  ARE,  President. 


1778.]  CONFEDERATION 


MASSACHUSETTS. 

Council  Chamber,  Boston,  March  10,  1778. 
The  general  court  of  the  state  of  Massachusetts 
Bay,  having  attentively  considered  the  articles  of  con- 
federation and  perpetual  union  between  the  United 
States  of  America,  recommended  to  our  attention  by 
the  honourable  the  Congress,  do  approve  of  them  in 
general  as  well  calculated  to  secure  the  freedom,  so- 
vereignty and  independence  of  the  United  States. 
Perhaps  no  plan  could  have  been  proposed  better 
adapted  to  the  circumstances  of  all  :  We,  therefore, 
the  council  and  house  of  representatives  of  this  state 
in  general  court  assembled,  do,  in  the  name  and  behalf 
of  the  good  people  of  this  state,  instruct  you  their  de- 
legates to  subscribe  said  articles  of  confederation  and 
perpetual  union,  as  they  were  recommended  by  Con- 
gress, unless  the  following  alterations,  or  such  as  may 
be  proposed  by  the  other  states  can  be  received  and 
adopted  without  endangering  the  union  proposed. 

In  the  name  and  behalf  of  the  general  assembly. 

JEREMIAH  POWELL,  President. 

To  the  Delegates  of  the  State  of  Massachusetts  I>a> 
in  Congress. 


HISTORY  OF  THE  [June  27, 


RHODE  ISLAND  AND  PROVIDENCE  PLANTATIONS. 

By  His  Excellency,  Nicholas  Cook,  Esquire,  Governour,  Captain 
General  and  Commander  in  Chief  in  and  over  the  State  of  Rhode 
Island  and  Providence  Plantations. 

Be  it  known  that  Henry  Ward,  esquire,  who  hath 
under  his  hand  certified  that  the  annexed  copy  pur- 
porting an  act  of  the  general  assembly  of  the  state 
aforesaid,  empowering  the  delegates  of  the  said  state 
in  Congress  to  accede  to  and  sign  the  articles  of  con- 
federation and  perpetual  union  between  the  thirteen 
United  States,  is  a  true  copy,  is  Secretary  of  the  said 
state,  duly  elected  and  engaged  according  to  law  : 
Wherefore  unto  his  certificate  of  that  matter  full  faith 
and  absolute  credit  is  and  ought  to  be  universally  ren- 
dered. 

Given  under  my  hand,  and  the  seal  of  the  said 
state,  at  Providence,  this  eighteenth  day  of  Feb- 
ruary, in  the  year  of  our  Lord  one  thousand  se- 
ven hundred  and  seventy-eight. 

[l.  s.]  NICHOLAS  COOKE. 

By  His  Excellency's  Command. 

HENRY  WARD,  Secretary. 

At  the  general  assembly  of  the  governour  and  compa- 
ny of  the  state  of  Rhode  Island  and  Providence  Plan- 
tations, begun  and  holden  by  adjournment   at  East 


1778.]  CONFEDERATION.  389 

Greenwich,  within  and  for  the  state  aforesaid,  on  the 
second  Monday  in  February,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-eight. 
This  assembly  having  taken  into  consideration  the 
articles  of  confederation  and  perpetual  union  between 
the  states  of  New  Hampshire,  Massachusetts  Bay, 
Rhode  Island  and  Providence  Plantations,  Connecti- 
cut, New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia,  transmitted  by  Congress  to  this  state  ; 
and  having  had  them  repeatedly  read ;  and  having 
maturely  weighed,  and  most  seriously  deliberated  upon 
them,  as  their  importance  to  this  and  the  other  states 
and  to  posterity  deserves  ;  and  considering  also  the 
pressing  necessity  of  completing  the  union  as  a  mea- 
sure essential  to  the  preservation  of  the  independence 
and  safety  of  the  said  states — 

Do  vote  and  resolve,  and  it  is  voted  and  resolved. 
That  the  honourable  Stephen  Hopkins,  esquire,  Wil- 
liam Ellery,  esquire,  and  Henry  Marchant,  esquire,  the 
delegates  to  represent  this  state  in  Congress,  or  any 
one  of  them,  be,  and  they  are  hereby  fully  authorized 
and  empowered,  on  the  part  and  behalf  of  this  state, 
to  accede  to  and  sign  the  said  articles  of  confederation 
and  perpetual  union,  in  such  solemn  form  and  manner 
as  Congress  shall  think  best  adapted  to  a  transaction 
so  important  to  the  present  and  future  generations  : 
Provided  that  the  same  be  acceded  to  by  eight  of  the 
other  states.  And  in  case  any  alterations  in,  or  addi- 
tions to,  the  said  articles  of  confederation  and  perpe- 
tual union  shall  be  made  by  nine  of  the  said  states  in 
Congress  assembled,  that  the  said  delegates,  or  any 


390  HISTORY  OP  THE  [June  2T, 

one  of  them,  be,  and  they  are  hereby  authorized  and 
empowered,  in  like  manner  to  accede  to  and  sign  the 
said  articles  of  confederation  and  perpetual  union, 
with  the  alterations  and  additions  that  shall  be  so 
made. 

It  is  further  voted  and  resolved,  That  this  assem- 
bly will  and  do  hereby,  in  behalf  of  the  said  state  of 
Rhode  Island  and  Providence  Plantations,  in  the  most 
solemn  manner,  pledge  the  faith  of  the  said  state  to 
hold  and  consider  the  acts  of  the  said  delegates,  or 
any  one  of  them,  in  so  acceding  to  and  signing  the 
said  articles  of  confederation  and  perpetual  union,  as 
valid  and  binding  upon  the  said  state  in  all  future 
time. 

And  it  is  further  voted  and  resolved,  That  a  fair 
copy  of  this  act  be  made  and  authenticated  under  the 
publick  seal  of  this  state,  with  the  signature  of  his  ex- 
cellency the  governour,  and  be  transmitted  to  the  dele- 
gates; and  that  the  same  shall  be  sufficient  warrant 
and  authority  to  the  said  delegates,  or  any  one  of  them, 
for  the  purposes  aforesaid. 

A  true  copy  duly  examined. 

Witness. 

Henry  Ward,  Secretary. 


CONNECTICUT. 


U  a  general  assembly  of  the  governour  and  compa- 
ny of  the  state  of  Connecticut,  holden  at  Hartford, 


1778.]  CONFEDERATION.  :yj\ 

by  adjournment,  on  the  twelfth  day   of  February, 

1778. 

The  articles  of  confederation  and  perpetual  union 
proposed  by  Congress  to  be  entered  into  by  the  thir- 
teen United  States  of  America,  being  laid  before  this 
assembly  by  his  excellency  the  govcrnour,  were  read 
and  mutually  considered  :  Whereupon, 

Resolved,  That  the  delegates  of  this  state,  who  shall 
be  present  in  Congress,  be,  and  they  are  hereby  fully 
authorized  and  empowered,  in  behalf  of  this  state,  to 
agree  to,  and  ratify  the  said  articles  of  confederation 
with  such  amendments,  if  any  be,  as  by  them,  in  con- 
junction of  the  delegates  of  the  other  states  in  Congress 
shall  be  thought  proper. 

A  true  copy  of  record. 

Examined  by 

GEORGE  WYLLYS,  Secretary. 


NEW  YORK. 

The  people  of  the  State  of  New  York,  one  of  the 
United  States  of  America,  by  the  grace  of  God  free 
and  independent,  to  their  brethren  of  the  other  of 
the  said  States  in  Congress  assembled,  and  to  all 
others  who  shall  see  these  our  letters  patent,  send 
Greeting : 

Know  ye,  That  among  the  acts  of  our  senate  and 
assembly  of  our  said  state  we  have  inspected  a  certain 


392  HISTORY  OF  THE  [June  tf, 

act  of  the  said  senate  and  assembly,  the  tenor  whereof 
is  as  follows,  to  wit : 

"  An  act  of  accession  to  and  approbation  of  certain 
"  proposed  articles  of  confederation  and  perpetual 
"  union  between  the  United  States  of  America,  and  to 
"  authorize  the  delegates  of  the  state  of  New  York  to 
"  ratify  the  same  on  the  part  and  behalf  of  this  state  in 
"  the  Congress  of  the  said  United  States. 

"  Whereas  the  freedom,  sovereignty  and  indepen- 
"  dence  of  the  said  states,  which  with  a  magnanimity, 
"  fortitude,  constancy  and  love  of  liberty,  hitherto  un- 
"  paralleled,  they  have  asserted  and  maintained  against 
"  their  cruel  and  unrelenting  enemies,  the  king  and 
"  parliament  of  the  realm  of  Great  Britain,  will,  for 
"  their  lasting  and  unshaken  security  in  a  great  mea- 
"  sure  depend,  under  God,  on  a  wise  and  well  concert- 
"  ed,  intimate  and  equal  confederation  of  the  United 
"  States : 

"  And  whereas  the  honourable  the  Congress  of  the 
"  said  United  States  have  transmitted,  for  the  consi- 
"  deration  of  the  legislature  of  this  state,  and  for  rati- 
"  fication,  in  case  they  should  approve  of  the  same, 
"the  following  articles  of  confederation,  to  wit: 
[Here  the  articles  are  recited  verbatim.] 

"  And  whereas  the  senate  and  assembly  of  this  state 
"  of  New  York  in  legislature  convened,  have  separately 
"  taken  the  said  articles  of  confederation  into  their  re- 
"  spective,  most  deliberate,  and  mature  consideration, 
"  and  by  their  several  and  respective  resolutions,  de- 
"  liberately  made  and  entered  into  for  the  purpose. 
"  have  fully  and  entirely  approved  of  the  same.  In 
"  order,  therefore,  that  such  approval  may  be  pub- 


1778.]  CONFEDERATION.  393 

"  lished,  and  made  known  to  the  whole  world,  with  all 
"the  solemnities  of  law;  and  that  all  the  subjects  of 
"  this  state  and  others  inhabiting  and  residing  therein 
"  from  time  to  time,  and  at  all  limes  thereafter,  as 
"  long  as  the  said  confederation  shall  subsist  and  en- 
"  dure,  may  be  bound  by  and  held  to  the  due  obser- 
"  vance  of  the  said  articles  of  confederation  as  a  law 
"  of  this  state,  if  the  same  shall  be  duly  ratified  by  all 
"  the  said  United  States  in  Congress  assembled  : 

"  Be  it  enacted  and  declared  by  the  people  of  the 
"  state  of  New  York,  represented  in  the  senate  and 
"  assembly,  and  it  is  hereby  enacted  by  the  authority 
"  of  the  same,  That  the  said  several  above  recited  ar- 
"  tides  of  confederation,  and  all  and  singular  the 
"  clauses,  matters  and  things  in  the  same  contained,  be 
"  and  the  same  are  hereby  fully  accepted,  received, 
"  and  approved  of,  for  and  in  behalf  of  the  people  of 
"  this  state. 

"  And  to  the  end  that  the  same  may,  with  all  due 
"  form  and  solemnity  be  ratified  and  confirmed  by  this 
"  state  in  Congress, 

"  Be  it  further  enacted  by  the  authority  aforesaid, 
"  That  the  delegates  of  this  state  in  the  said  Congress 
"  of  the  United  States  of  America,  or  any  two  of  the 
"  said  delegates,  shall  be,  and  hereby  are  fully  autho- 
"  rized,  empowered  and  required  wholly,  entirely  and 
"  absolutely,  for  and  in  behalf  of  the  people  of  this 
•'  state,  and  in  such  manner  under  such  formalities  as 
11  shall  be  determined  in  Congress,  to  ratify  and  con- 
"  firm  all  and  every  of  the  said  above  recited  articles 
"  of  confederation,  and  all  and  singular  the  clauses, 
"  matters  and  things  in  the  same  contained  ;  and  that 

VOL.    I.  50 


394  HISTORY  OF  THE  [June  27, 

"  an  exemplification  of  this  act,  tested  by  his  excel- 
"  lency  thp  governour  or  the  lieutenant  governour,  or 
"  president  of  the  senate  of  the  state  for  the  time  being, 
"  administering  the  government,  and  authenticated 
"  with  the  great  seal  of  this  state,  shall  be  full  and 
"  conclusive  evidence  of  this  act.  Provided  always, 
"  that  nothing  in  this  act,  or  the  said  above  recited 
"  articles  of  confederation  contained,  nor  any  act, 
';  matter  or  thing  to  be  done  and  transacted  by  the 
"  delegates  of  this  state  in  Congress  in  and  concern- 
"  ing  the  premises,  or  any  part  thereof,  shall  bind  or 
"  oblige,  or  be  deemed,  construed  or  esteemed  to  bind 
"  or  oblige  the  government,  legislature,  people,  sub- 
jects, inhabitants  or  residents  of  this  state,  until  the 
"  said  above  recited  articles  have  been  duly  ratified 
"  and  confirmed  by  or  in  behalf  of  all  the  said  United 
"  States  in  Congress  assembled,  any  thing  herein,  or  in 
"  the  said  above  recited  articles  of  confederation  con- 
"  tained  to  the  contrary  thereof  in  any  wise  notwith- 
"  standing." 

At  the  bottom  of  which  act,  we  find  the  following 
certificate,  to  wit  : 

"  In  senate,  Thursday,  January  29,  1778.  This 
"  bill  having  been  read  three  times,  Resolved,  That  the 
"  bill  do  pass.  By  order  of  the  senate.  Pierre  Van 
"  Cortland,  president.  In  assembly,  Tuesday,  Febru- 
"  ary  3,  1778.  This  bill  having  been  read  three  times, 
"  Resolved,  That  the  bill  do  pass.  By  order  of  the 
"  assembly.     Walter  Livingston,  speaker." 

And  on  the  back  of  the  said  bill  we  find  the  follow- 
ing endorsement  in  writing,  to  wit: 


J778.]  CONFEDERATION.  395 

"  In  the  council  for  revising  all  bills  about  to  be 
"  passed  into  laws  by  the  legislature  of  the  state  of  Ni  If 
"  York,  on  Friday,  the  6th  day  of  February,  1778,  Re- 
"  solved,  That  it  does  not  appear  improper  to  this  coun- 
"  cil  that  the  bill  entitled  '  An  act  of  accession  to  and 
"  approbation  of  certain  proposed  articles  of  confedcra- 
"  tion  and  perpetual  union  between  the  United  States 
"  of  America,  and  to  authorize  the  delegates  of  the 
"  state  of  New  York  to  ratify  the  same  on  the  part  and 
"  behalf  of  this  state  in  the  Congress  of  the  United 
"  States,'  should  become  a  law  of  this  state.  George 
"  Clinton." 

In    testimony  whereof  we  the  said  people  of   the 

state  of  New  York,  have  caused  the  said  act  of  our 

said  senate   and   assembly  to  be  exemplified  by    these 

presents  ;  and  our  great   seal  of  our  said  state  to  be 

hereunto  appended.      Witness,  our  trusty    and    well 

beloved   George  Clinton,  esquire,   our   governour  of 

our   said  state,  general  and    commander  in    chief  of 

all  the  militia,  and  admiral  of  our  navy  of  the  same 

the   sixteenth   day  of  February,  in  the    second  year 

of  our  independence   and    sovereignty,   and    in    the 

year   of  our  Lord   one  thousand  seven  hundred  and 

seventy-eight. 

GEORGE  CLINTON. 

By  His  Excellency's  command. 
Richard  Hatfield,  Secretary. 


HISTORY  OF  THE  [June  27. 


PENNSYLVANIA. 


The  Representatives  of  the  Freemen  of  the  Common- 
wealth ol  Pennsylvania,  in  General  Assembly  met, 
to  the  Honourable  Benjamin  Franklin,  Doctor  of 
Laws,  Robert  Morris,  Esq.,  Daniel  Roberdeau,  Esq., 
Jonathan  B.  Smith,  Esq.,  James  Smith,  Esq.,  of 
Yorktown,  William  Clingan,  Esq.,  Joseph  Reed, 
Esq.,  Delegates  for  the  said  Commonwealth  in  the 
Congress  of  the  United  States  of  America,  send 
Greeting. 

Know  ye,  That  we  the  said  representatives,  having 
taken  into  our  most  serious  and  weighty  consideration 
and  deliberation,  the  articles  of  confederation  between 
the  states  of  New  Hampshire,  Massachusetts  Bay, 
Rhode  Island  and  Providence  Plantations,  Connecti- 
cut, New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina 
and  Georgia,  lately  transmitted  to  us  by  the  honourable 
Henry  Laurens,  Esq.,  president  of  the  said  Congress, 
do  by  this  present  instrument,  signed  by  our  speaker, 
and  sealed  with  the  seal  of  the  laws  of  this  common- 
wealth, accede  to,  ratify,  confirm  and  agree  to  the  said 
articles;  which  said  articles  are  as  follow,  to  wit: 
[Here  the  articles  are  recited  verbatim.] 

And  we  the  said  representatives  do  hereby  autho- 
rize, empower,  require  and  enjoin  you  the  said  Benja- 
min Franklin,  Robert  Morris,  Daniel  Roberdeau,  Jo- 
nathan B.  Smith,  James  Smith, William  Clingan  and  Jo- 
seph Reed,  or  any  two  of  you,  in  the  name  of  the  said 


J778.]  CONFEDERATION.  397 

commonwealth  of  Pennsylvania,  to  accede  to,  ratify, 
confirm  ajid  agree  to  the  said  articles  of  confederation. 
In  testimony  whereof,  we  have  caused  the  seal  of  the 
laws  of  Pennsylvania  to  be  hereunto  aflixed,  in  gene- 
ral assembly,  at  Lancaster,  the  fifth  day  of  March,  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and 
seventy-eight. 

JOHN  BAYARD,  Speaker. 
Seal  appended. 


VIRGINIA. 

In  General  Assembly,  Dec.  15,  1778. 

Resolved,  nemine  contradicente,  That  a  speedy  rati- 
fication of  the  articles  of  confederation  between  the 
United  States  of  America  will  confound  the  devices  of 
their  foreign,  and  frustrate  the  machinations  of  their 
domestick  enemies,  encourage  their  firm  friends,  and 
fix  the  wavering,  contribute  much  to  the  support  of 
their  publick  credit,  and  the  restoration  of  the  value 
of  their  paper  money,  produce  unanimity  in  their  coun- 
cils at  home,  and  add  weight  to  their  negotiation.^ 
abroad;  and,  completing  the  independence  of  their 
country,  establish  the  best  foundation  of  its  prospe- 
rity. 

Resolved,  nemine  contradicente,  That  the  articles 
of  confederation  and  perpetual  union  proposed  by 
Congress,  the  7th  day  of  November  last,  between  the 
states  of  New  Hampshire,  Massachusetts  Bay,  Rhode 
Island  and  Providence  Plantations,  Connecticut.  New 


398  HISTORY  OF  THE  [June  27, 

York,  New  Jersey,  Pennsylvania,  Delaware,  Mary- 
land, Virginia,  North  Carolina,  South  Carolina  and 
Georgia,  and  referred  for  approbation  to  the  conside- 
ration of  the  several  legislatures  of  the  said  states,  be 
approved  and  ratified  on  the  part  of  this  common- 
wealth ;  and  that  our  delegates  in  Congress  be  accord- 
ingly authorized  and  instructed  to  ratify  the  same,  in 
the  name  and  on  the  behalf  of  this  commonwealth  ;  and 
that  they  attend  for  that  purpose  on  or  before  the  tenth 
day  of  March  next. 

ARCHIBALD  CARY,    Speaker  of 
the  Senate. 

G.  WYTHE,  Speaker  of  the  House 
of  Delegates. 


NORTH  CAROLINA. 

State  of  North  Carolina.    In  Senate,  April  25,  1778. 

To  His  Excellency  Richard  Caswell,  Esquire,  Captain 
General,  Governour  and  Commander  in  Chief,  &c. 
&c. 

SIR, 

Thb  two  houses  of  the  general  assembly  have  taken 
into  consideration  the  confederacy  proposed  to  the 
United  States  by  the  continental  Congress ;  and  have 
unanimously  acceded  thereto ;  and  request  your  ex- 
cellency will  be  pleased  to  inform  the  President  of  the 


1778.]  CONFEDERATION.  391/ 

continental  Congress  thereof  by  the  earliest  oppor- 
tunity. 

WIIITMILL  HILL,  S.  S. 

JOHN  WILLIAMS,  S.  C. 
By  order. 

J.  SITGREAVES,  C.  S. 


SOUTH  CAROLINA. 

In  the  General  Assembly,  the  fourth  day  of 
February,  1778. 

Resolved,  nemine  contradicente,  That  the  delegates 
of  this  state  in  the  continental  Congress,  or  any  three 
of  them,  be  and  they  are  hereby  authorized,  on  the 
part  of  this  state,  to  agree  to,  and  ratify  articles  of  con- 
federation between  the  United  States  of  America. 

Ordered,  That  the  foregoing  resolution  be  sent  to 
the  honourable  the  legislative  council,  for  their  con- 
currence, and  to  his  excellency  the  president  for  his 
assent. 

By  order  of  the  House. 

THOMAS  BEE,  Speaker. 

In  the  Legislative  Council,  the  fifth  day  oi 
February,  1773. 

Read  the  foregoing  resolution  of  the  general  assem- 
bly. Resolved,  That  this  house  do  concur  with  thr 
general  assembly  in  the  said  resolution. 

Ordered,  That  it  be  sent  to  his  excellency  the  presi- 
dent for  his  assent. 


400  HISTORY  OF  THE  [June  27, 

Attended  to,  February  5,  1778. 

J.  RUTLEDGE. 

By  order  of  the  House. 

HUGH  RUTLEDGE,  Speaker. 


GEORGIA. 

House  of  Assembly,  Thursday,  February  26,  1778. 

The  house  resolved  itself  into  a  committee  of  the 
whole  house  to  take  into  consideration  the  articles  of 
confederation  and  perpetual  union ;  and  after  some 
time  spent  therein,  Mr.  Speaker  resumed  the  chair, 
and  Mr.  Whitefield  from  the  committee  of  the  whole 
reported,  they  had  taken  the  said  articles  into  consi- 
deration, and  gone  through  the  same,  and  made 
several  amendments  thereto,  which  were  read  and 
agreed  to. 

Extract  from  the  minutes. 

GEORGE  CUTHBERT,  Clerk. 

Report  of  the  Amendments  to  the  Articles   of  Con- 
federation and  perpetual  Union. 

Article  iv.  4th  page,  4th  line,  add  the  words 
"  white  inhabitants."  6th  line,  between  the  words 
"  vagabonds  and,"  add  "  all  persons  who  refuse  to 
"  bear  arms  in  defence  of  the  state  to  which  they  be- 
"  long,  and  all  persons  who  have  been,  or  shall  be  at- 


1778.]  CONFEDERATION.  401 

"  tainted  and  judged  guilty  of  high  treason  in  any  ol 
"  the  United  States." 

Article  ix.  20th  page,  20th  line,  between  the 
words  "  emitted  to,"  add,  "  and  the  expenditure  of 
"  the  same." 

Article  xi.  25th  page,  between  the  words  "  Cana- 
"  da  acceding"  add,  "  and  the  colonics  of  East  and 
"  West  Florida." 

A  true  copy  from  the  original,  taken  the  24th  May, 
and  examined  by 

GEORGE  CUTHBERT,  C.  II.  A. 

House  of  Assembly,  Thursday,  February  2G,  1773. 

Resolved,  That  the  delegates  for  this  state  be  au- 
thorized and  required  to  lay  before  the  general  Con- 
gress of  the  United  States,  the  several  alterations  pro- 
posed and  agreed  upon  by  this  house  this  day  in  the 
articles  of  confederation,  and  that  they  do  use  their 
exertions  to  have  such  alterations  agreed  to  and  con- 
firmed in  Congress. 

Resolved,  That  in  case  all  or  none  of  such  altera- 
tions shall  be  agreed  to  and  confirmed  in  Congress, 
that  then,  and  notwithstanding,  they  be  empowered 
and  required  in  behalf  of  this  state,  to  sign,  ratify  and 
confirm  the  several  articles  of  the  confederation  re- 
commended to  the  respective  legislatures  of  the  United 
States  by  Congress,  or  any  other  plan  of  a  general 
confederation  which  shall  be  agreed  upon  by  nine  of 
the  United  States. 

GEORGE  CUTHBERT,  Clerk. 

VOL.    V*  51 


402  HISTORY  OF  THE  [July  9, 


THURSDAY,  JULY  9,  1778. 

Resolved,  That  in  the  ratification  of  the  articles  of 
confederation  to  be  signed  by  the  delegates,  the  fol- 
lowing words  to  be  omitted,  to  wit :  "  Which  articles 
"  were  by  Congress  proposed  to  the  legislatures  of  all 
"  the  United  States,  to  be  considered  ;  and  if  approved 
"  of  by  them,  they  are  advised  to  authorize  their  dele- 
"  gates  to  ratify  the  same  in  the  Congress  of  the 
"  United  States." 

The  ratification  of  the  articles  of  confederation,  en- 
grossed on  a  roll  of  parchment,  being  laid  before  Con- 
gress, was  examined;  and  the  blanks  in  the  third  line 
from  the  bottom  being  filled  up  at  the  table  with  the 
words  "  ninth"  and  "  July,"  and  the  blank  in  the  last 
line,  with  the  word  "  third,"  the  same  was  signed,  on 
the  part  and  in  behalf  of  their  respective  states,  by 
the  delegates  of  New  Hampshire,  Massachusetts  Bay, 
Rhode  Island  and  Providence  Plantations,  Connecti- 
cut, New  York,  Pennsylvania,  Virginia  and  South  Ca- 
rolina, agreeably  to  the  powers  vested  in  them. 

The  delegates  of  the  states  of  New  Jersey,  Dela- 
ware and  Maryland,  informed  Congress  that  they  have 
not  yet  received  powers  to  ratify  and  sign. 

North  Carolina,  whose  legislature  has  ratified  the 
articles  of  confederation,  and  the  state  of  Georgia,  were 
not  at  this  time  represented  in  Congress. 

Resolved,  That  a  committee  of  three  be  appointed 
to  prepare  a  circular  letter  to  the  states  in  this  union 
that  have  not  hitherto  authorized  their  delegates  in 
Congress  to  ratify  the  confederation,  informi»g  such 


*"8.]  CONFEDERATION.  g) 

states  how  many  and  what  states  have  already  ratified 
the  same;  and  desiring  that  such  states  will,  with  all 
convenient  despatch,  authorize  their  delegates  to 
ratify  the  confederation  in  the  Congress  of  the  United 
States. 

The  members  chosen— Mr.   Lee,   Mr.    Dana,  and 
Mr.  G.  Morris. 


FRIDAY,  JULY  10,  1778. 

The  committee  appointed  to  prepare  a  circular  let- 
ter to  the  states  in  this  union  who  have  not  hitherto 
authorized  their  delegates  to  ratify  the  confederation, 
brought  in  a  draft,  which  being  read  and  amended, 
was  agreed  to  as  follows  : 

SIR, 

Congress,  intent  upon  the  present  and  future  secu- 
rity of  these  United  States,  has  never  ceased  to  con- 
sider a  confederacy  as  the  great  principle  of  union, 
which  can  alone  establish  the  liberty  of  America,  and 
exclude  forever  the  hopes  of  its  enemies.  Influenced 
by  considerations  so  powerful,  and  duly  weighing  the 
difficulties  which  oppose  the  expectation  of  any  plan 
being  formed  that  can  exactly  meet  the  wishes  and  ob- 
tain the  approbation  of  so  many  states,  differing  essen- 
tially in  various  points,  Congress  have,  after  mature 
deliberation,  agreed  to  adopt  without  amendments  the 
confederation  transmitted  to  the  several  states  for  their 
approbation.  The  states  of  New  Hampshire,  Massa- 
chusetts Bay,  Rhode  Island  and  Providence  Planta- 
tions,   Connecticut,  New  York,  Pennsylvania,  Yn_i 


404  HISTORY  OF  THE  [July  24, 

nia,  North  Carolina,  and  South  Carolina  have  ratified 
the  same,  and  it  remains  only  with  your  state,  with 
those  of  to  conclude  the  glorious  compact, 

which,  by  uniting  the  wealth,  strength,  and  councils  of 
the  whole,  may  bid  defiance  to  external  violence  and 
internal  dissensions,  whilst  it  secures  the  publick  credit, 
both  at  home  and  abroad. 

Congress  is  willing  to  hope,  that  the  patriotism  and 
good  sense  of  your  state  will  be  influenced  by  motives 
so  important ;  and  they  request,  sir,  that  you  will  be 
pleased  to  lay  this  letter  before  the  legislature  of 
in  order  that,  if  they  judge  it  proper, 
their  delegates  may  be  instructed  to  ratify  the  con- 
federation with  all  convenient  despatch;  trusting  to 
future  deliberations  to  make  such  alterations  and  amend- 
ments, as  experience  may  show  to  be  expedient  and 
just. 

I  have  the  honour  to  be,  &c. 


TUESDAY,  JULY  21,  1778. 

Pursuant  to  the  powers  in  them  vested,  the  delegates 
of  North  Carolina  signed  the  ratification  of  the  con- 
federation, in  behalf  of  that  state. 


FRIDAY,  JULY  24,  1778. 

Pursuant  to  the  powers  in  them  vested,  the  dele- 
gates of  Georgia  signed  the  ratification  of  the  confede- 
ration. 


1778.]  CONFEDERATION.  403 

WEDNESDAY,  NOVEMBER  25,   1778. 

NEW   JERSEY. 

Mr.  Witherspoon,  a  delegate  from  the  state  of  New 
Jersey,  attended  and  laid  before  Congress  powers  to 
the  delegates  of  that  state  to  ratify  the  confederation, 
which  were  read  as  follows  : 

By  His   Excellency  William  Livingston,  Esquire,  Governour,  Cap- 
tain General  and  Commander  in  Chief,  in  and  over  tin:  Stat) 
f  l.s.]     of  New  Jersey  and  Territories  thereunto  belonging,  Chancel- 
lor and  Ordinary  in  the  same. 

To  all  to  whom  these  presents  shall  come,  Greeting. 

Know  ye,  That  among  the  records  in  the  secreta- 
ry's office  in  the  state  of  New  Jersey,  there  is  a  certain 
instrument  of  writing,  purporting  to  be  an  act  of  the 
council  and  general  assembly  of  the  said  statr,  which 
said  act  is  contained  in  the  words  and  tenor  here  fol- 
lowing, to  wit : 

;;  An  act  to  authorize  and  empower  the  delegates  of 
"  the  state  of  New  Jersey  in  Congress  to  subscribe 
"and  ratify  the  articles  of  confederation  and  perpc- 
M  tual  union  between  the  several  states. 

"  Whereas  articles  of  confederation  and  perpetual 
u  union  between  the  states  of  New  Hampshire,  Massa- 
chusetts Bay,  Rhode  Island  and  Providence  Planta- 
"  tions,  Connecticut,  New  York,  New  Jersey,  Pcnnsyl- 
"  vania,  Delaware,  Maryland,  Virginia,  North  Caroli- 
*c  na,  South  Carolina  and  Georgia,  signed  in  the  Con- 


406  HIS  TORY  OF  THE  [Nov.  2.S, 

"  gress  of  the  said  states  by  the  honourable  Henry 
"  Laurens,  esquire,  their  President,  have  been  laid 
:i  before  the  legislature  of  this  state,  to  be  ratified  by 
s"  the  same,  if  approved  :  And  whereas  notwithstand- 
"  ing  the  terms  of  the  said  articles  of  confederation 
"  and  perpetual  union  are  considered  as  in  divers 
"  respects  unequal  and  disadvantageous  to  this  state, 
"  and  the  objections  to  several  of  the  said  articles 
"  lately  stated  and  sent  to  the  general  Congress  afore- 
"said,  on  the  part  of  this  state,  are  still  viewed  as 
"just  and  reasonable,  and  sundry  of  them  as  of  the 
"most  essential  moment  to  the  welfare  and  happiness 
"of  the  good  people  thereof;  yet,  under  the  full  con- 
"  viction  of  the  present  necessity  of  acceding  to  the 
"  confedracy  proposed,  and  that  every  separate  and 
"  detached  state  interest  ought  to  be  postponed  to 
"  the  general  good  of  the  union  ;  and  moreover,  in 
"firm  reliance  that  the  candour  and  justice  of  the 
"  several  states  will,  in  due  time,  remove  as  far  as 
"  possible  the  inequality  which  now  subsists  : 

"  Sect.  1.  Be  it  enacted  by  the  council  and  general 
•;  assembly  of  this  state,  and  it  is  hereby  enacted  by 
"  the  authority  of  the  same,  That  the  honourable  John 
:'  Witherspoon,  Abraham  Clarke,  Nathaniel  Scudder 
•'  and  Elias  Boudinot,  esquires,  delegates  representing 
*  this  state  in  the  Congress  of  the  United  States,  or 
'*  any  one  or  more  of  them,  be  and  they  are  hereby 
•;  authorized,  empowered  and  directed,  on  behalf  of 
;;  this  slate,  to  subscribe  and  ratify  the  said  articles  of 
"  confederation  and  perpetual  union  between  the  states 
u  aforesaid. 


ma.]  Confederation.  407 

"  Sect.  2.  And  be  it  further  enacted  by  the  autho- 
"  rity  aforesaid,  That  the  said  articles  of  confedera- 
"  tion  and  perpetual  union,  so  as  aforesaid  subscribed 
"  and  ratified,  shall  thenceforth  become  conclusive  as 
"  to  this  state,  and  obligatory  thereon. 

"Council  Chamber,  November  19,  1778. 

"  This  bill  having  been  three  times  read  in  Council. 

"  Resolved,  That  the  same  do  pass. 

11  By  order  of  the  House. 

"W.  LIVINGSTON,    President. 

"  House  of  Assembly,  November  20,  1778. 

"  This  bill  having  been  three  times  read  in  the  House 
*'  of  Assembly, 

"  Resolved,  That  the  same  do  pass. 

"  By  order  of  the  House. 

"  CALEB  CAMP,  Speaker  pro  tem.v 

All  which,  by  the  tenor  of  these  presents,  I  have 
caused  to  be  exemplified. 

Tn  testimony  whereof  the  great  seal  of  the  said  state 
of  New  Jersey  is  hereunto  affixed,  at  Trenton,  the 
20th  day  of  November,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-eight, 
and  in  the  third  year  of  the  Independence  of 
the  United  States  of  America. 

WILLIAM  LIVINGSTON. 

By  His  Excellency's  command. 
Bowes  Reed,  Secretary. 


408  HISTORY  OF  THE  [Feb.  16, 


THURSDAY,  NOVEMBER  26,  1778. 

In  pursuance  of  the  powers  to  them  granted,  the 
delegates  of  New  Jersey  signed  the  ratification  of  the 
articles  of  confederation  and  perpetual  union. 


THURSDAY,  FEBRUARY  16,  1779. 

DELAWARE. 

Mr.  M'Kean,  a  delegate  for  Delaware,  laid  before 
Congress  the  following  instrument,  empowering  the 
delegates  of  that  state,  or  any  of  them,  to  ratify  and 
sign  the  articles  of  confederation. 

His  Excellency  Cesar  Rodney,  Esquire,  President,  Captain 
General  and  Commander  in  Chief  of  the  Delaware  State,  to  all 
to  whom  these  Presents  shall  come,  Greeting. 

Know  ye,  That  among  the  records  remaining  in 
the  rolls  office  in  the  Delaware  state,  there  is  a 
certain  instrument  of  writing,  purporting  to  be  an  act 
of  the  general  assembly  of  the  said  state,  which  said 
act  is  contained  in  the  words  and  tenor  here  following, 
to  wit: 

Anno  Millesimo  Septengentesimo  Septuagesimo  nono. 

"  An  act  to  authorize  and  empower  the  delegates  of  the 
M  Delaware  state  to  subscribe  and  ratify  the  articles 
"  of  confederation  and  perpetual  union  between  the 
"  several  states. 


1779.]  CONFEDERATION.  409 

"  Whereas  articles  of  confederation  and  perpetual 
"union  between  the  states  of  New  Hampshire,  M 
u  chusetts  Bay,  Rhode  Island  and  Providence  Planta- 
"  tions,  Connecticut,  New  York,  New  Jersey,  I'ennsyl- 
"  vania,  Delaware,  Maryland,  Virginia,  North  Caroli- 
"  na,  South  Carolina,  and  Georgia,  signed  in  the 
"general  Congress  of  the  said  states,  by  the  honoura- 
"  ble  Henry  Laurens,  esquire,  their  then  President, 
"have  been  laid  before  the  legislature  of  this  state, 
"  to  be  ratified  by  the  same,  if  approved  :  And 
"  whereas  notwithstanding  the  terms  of  the  articles  of 
"  confederation  and  perpetual  union  are  considered  as 
"  in  divers  respects  unequal  and  disadvantageous  to 
"  this  state  ;  and  the  objections  stated  on  the  part  of 
"  this  state  are  viewed  as  just  and  reasonable,  :uid 
11  of  great  moment  to  the  welfare  and  happiness  of  the 
"good  people  thereof;  yet,  under  the  full  conviction 
"  of  the  present  necessity  of  acceding  to  the  present 
"confederacy  proposed,  and  that  the  interest  of  parti- 
"  cular  states  ought  to  be  postponed  to  the  general 
"good  of  the  union;  and  moreover,  in  firm  reliance 
"  that  the  candour  and  justice  of  the  several  states 
"  will  in  due  time  remove  as  far  as  possible  the  ob- 
jectionable parts  thereof: 

"  Be  it  enacted  by  the  general  assembly  of  Dela- 
"  ware,  and  it  is  hereby  enacted  by  the  authority  of 
"the  same,  That  the  honourable  John  Dickinson, 
"  Nicholas  Van  Dyke,  and  Thomas  M-Kean,  esquires, 
"  delegates  appointed  to  represent  this  state  in  Con- 
"  gress,  or  any  one  or  more  of  them,  be,  and  they 
"hereby  are  authorized,  empowered  and  directed,  on 
vol.  i.  52 


HO  HISTORY  OF  THE  [Feb.  22, 

"  behalf  of  this  state,  to  subscribe  and  ratify  the  said 
"  articles  of  confederation  and  perpetual  union  be- 
"  tween  the  several  states  aforesaid. 

"  And  be  it  further  enacted  by  the  authority  afore- 
u  said,  That  the  said  articles  of  confederation  and 
u  perpetual  union,  so  as  aforesaid  subscribed  andratifi- 
"  ed,  shall  thenceforth  become  obligatory  on  this  state. 

"  Signed  by  order  of  the  House  of  Assembly. 

"  NICHOLAS  VAN  DYKE,  Speaker. 
"  Signed  by  order  of  the  Council. 

"  THOMAS  COLLINS,  Speaker. 

"  Passed  at  Dover,  February  1,  1779." 

All  which,  by  the  tenor  of  these  presents,  I  have 
caused  to  be  exemplified. 

In  testimony  whereof,  the  great  seal  of  the  Dela- 
ware state  is  hereunto  affixed,  at  Dover,  the  sixth 
day  of  February,  in  the  year  of  our  Lord  one 
thousand  seven  hundred  and  seventy-nine,  and  in 
the  third  year  of  the  Independence  of  the  United 
States  of  America. 

CESAR  RODNEY. 

By  His  Excellency's  command. 
James  Booth,  Secretary. 

MONDAY,  FEBRUARY  22,  1779. 

In  pursuance  of  the  powers  vested  in  him,  Mr. 
M'Kean,  a  delegate  of  the  state  of  Delaware,  signed 
and  ratified  the  articles  of  confederation  in  behalf  of 
that  state. 


1779.]  CONFEDERATION.  411 


TUESDAY,  FEBRUARY  23,  1779. 

The  delegate  of  Delaware  laid  before  Congress  sun 
dry  resolutions  passed  by  the  council  of  that  state. 
January  23,  1779,  respecting  the  articles  of  confede- 
ration and  perpetual  union,  and  concurred  in  by  the 
house  of  assembly,  January  28,  1779,  previous  to  their 
passing  a  law  to  empower  their  delegates  to  sign  and 
ratify  the  said  articles  of  confederation  and  perpetual 
union. 

On  which  it  was  moved,  that  the  same  be  filed  :  To 
which  it  was  moved,  as  an  amendment,  to  add,  u  Pro- 
"  vided,  that  it  shall  never  be  considered  as  admitting 
"  any  claim  by  the  same  set  up  or  intended  to  be  set 
"  up." 

On  this  amendment  the  yeas  and  nays  being  requir- 
ed by  Mr.  Ellery — 

New  Hampshire,      Mr.  Whipple,        Ay.  )   .  . 
Mr.  Frost,  Ay.  $ 

Massachusetts,  Mr.  S.  Adams,       Ay.  ) 

Mr.  Lovell,  Ay.V  Av. 

Mr.  Holten,  Ay.} 

Rhode  Island,  Mr.  Ellery,  Ay.  )  Ay 

Mr.  Collins,  Ay.  5 

Connecticut,  Mr.  Root,  Ay.  ^x 

New  York.  Mr.  Jay, 

Mr.  Morris, 
Mr.  Floyd, 
Mr.  Lewis, 


412  HISTORY  OF  THE  [Feb.  23, 

New  Jersey, 


Mr.  Witherspoon.  No.  ~i  „ 
Mr.FrelinghausenNo.  y 


Pennsylvania,  Mr.  Clingan, 

Mr.  Atlee, 


Ay.^j 

No.  i^ 
Mr.  Shippen,         Ay.  f 
Mr.  Searle,  Ay.  J 


Delaware,  Mr.  MKean,         No.  )>No. 

Maryland,  Mr.  Paca,  No.  >  M 

Mr.  Henry,  No.  5  iNo* 

Virginia,  Mr.  T.  Adams,  Av.^ 

Mr.  F.  L.  Lee,  Ay.  | 

Mr.  M.  Smith,  Ay.  '    . 

Mr.  Griffin,  Ay.  f AY* 

Mr.  R.  H.  Lee,  Ay.  | 

Mr.  Nelson,  Ay. J 

North  Carolina,         Mr.  Penn,  Ay.  >   . 

Mr.  Burke,  Ay.  $  Ay* 

South  Carolina,         Mr.  Drayton,         Ay.  )>Ay. 

So  it  passsed  in  the  affirmative. 

On  the  question, 

Resolved,  That  the  paper  laid  before  Congress  by 
thc  delegate  from  Delaware  and  read,  be  filed  ;  pro- 
vided, that  it  shall  never  be  considered  as  admitting 
any  claim  by  the  same  set  up  or  intended  to  be  set 
up. 

The  paper  is  as  follows,  viz. 

In  the  Council,  Saturday,  January  23,  1779.    p.  m. 

The  council  having  resumed  the  consideration  of  the 
committee's  report  on  the  articles  of  confederation  and 


1779.]  CONFEDERATION.  413 

perpetual  union,  &c.  came  to  the  following  resolutions 
therein  : 

Resolved,  That  this  stale  think  it  necessary  for  the 
peace  and  safely  of  the  states  to  be  included  in  the 
union  ;  that  a  moderate  extent  of  limits  should  he  as- 
signed for  such  of  those  states  as  claim  to  the  lliuil 
sippi  or  South  Sea  ;  and  that  the  United  Slates  in  <  loo* 
gress  assembled,  should  and  ought  to  have  the  | 
of  fixing  their  western  limits. 

Resolved  also,  That  this  state  consider  themselves 
justly  entitled  to  a  right,  in  common  with  the  members 
of  the  union,  to  that  extensive  tract  of  country  which 
lies  to  the  westward  of  the  frontiers  of  the  United  States, 
the  property  of  which  was  not  vested  in,  or  granted  to, 
individuals  at  the  commencement  of  the  present  \v;u  i 
That  the  same  hath  been,  or  may  be,  gained  from  the 
king  of  Great  Britain,  or  the  native  Indians,  by  the 
blood  and  treasure  of  all,  and  ought  therefore  to  be  a 
common  estate,  to  be  granted  out  on  terms  beneficial 
to  the  United  States. 

Resolved  also,  That  the  courts  of  law  established 
within  this  state  are  competent  for  the  purpose  ol  de- 
termining all  controversies  concerning  the  private  right 
of  soil  claimed  within  the  same  ;  and  they  now,  and  at 
all  times  hereafter,  ought  to  have  cognizance  of  all  Buch 
controversies  :  That  the  indeterminate  provision  pro- 
posed in  the  ninth  article  of  the  confederation  for  de- 
ciding upon  controversies  that  may  arise  about  some 
of  those  private  rights  of  soil  lends  to  take  away  such 
cognizance,  and  is  contrary  to  the  declaration  of 
rights  of  this  state  ;  and  therefore  ought  to  receive  an 
alteration. 


414  HISTORY  OF  THE  [Feb.  23, 

The  council,  then,  taking  into  consideration  the 
strong  and  earnest  recommendations  of  Congress  forth- 
with to  accede  to  the  present  plan  of  confederacy, 
and  the  probable  disadvantages  that  may  attend  the 
further  delaying  a  ratification  thereof — 

Resolved,  That  notwithstanding  the  terms  of  the  ar- 
ticles of  confederation  aforesaid  are  considered  as  in 
divers  respects  unequal  and  disadvantageous  to  this 
state,  and  the  objections  in  the  report  of  the  committee 
of  this  house,  and  the  resolves  made  thereon,  are  view- 
ed as  just  and  reasonable,  and  of  great  moment  to  the 
welfare  and  happiness  of  the  good  people  thereof;  yet, 
under  the  full  conviction  of  the  present  necessity  of  ac- 
ceding to  the  confederacy  proposed,  and  in  firm  re- 
liance that  the  candour  and  justice  of  the  several  states 
will  in  due  time  remove  as  far  as  possible  the  objec- 
tionable parts  thereof,  the  delegates  appointed  to  rep- 
resent this  state  in  Congress,  or  any  one  or  more  of 
them,  be  authorized,  empowered  and  directed,  on  be- 
half of  this  state,  to  subscribe  and  ratify  the  said  ar- 
ticles of  confederation  and  perpetual  union  between  the 
several  states  of  New  Hampshire,  Massachusetts  Bay, 
Rhode  Island  and  Providence  Plantations,  Connecti- 
cut, New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia  ;  and  that  the  said  articles,  when  so  sub- 
scribed and  ratified,  shall  be  obligatory  on  this  slate. 

Extract  from  the  Minutes. 

BENJAMIN  VINING,  Clerk  of  the  Council. 

Sent  for  concurrence. 


1779.  J  CONFEDERATION.  4  IS 

In  House  of  Assembly,  Thursday,  Jan.  28,  1779. 

The  foregoing  resolutions  being  read  three  times, 
and  considered,  are  concurred  in. 

NICHOLAS  VAN  DYKE,  Speaker. 

I  do  hereby  certify  that  the  above  and  foregoing  to 
be  a  true  extract  from  the  minutes  of  the  council. 

BENJAMIN  VINING,  Clerk  of  the  Council. 

THURSDAY,  MAY  20,  1779. 

The  delegates  of  Virginia  In  id  before  Congress  cer- 
tain powers  and  instructions  to  them  given  by  the  gene- 
ral assembly  of  their  state,  which  were  read  and  are 
as  follows  : 

In  General  Assembly,  Saturday,  Dec.  19,  1778. 

Resolved,  nemine  contradicente,  That  our  delegates 
in  Congress  be  instructed  to  propose  to  Congress,  that 
they  recommend  to  each  of  the  states  named  as  par- 
ties in  the  articles  of  confederation  heretofore  laid 
before  and  ratified  by  this  assembly,  that  they  autho- 
rize their  delegates  in  Congress  to  ratify  the  said  arti- 
cles, together  with  the  delegates  of  so  many  other  of 
the  said  states  as  shall  be  willing,  so  that  the  same 
shall  be  forever  binding  on  the  states  so  ratifying,  not- 
withstanding that  a  part  of  those  named  shall  decline 
to  ratify  the  same  ;  allowing,  nevertheless,  to  the  5«kl 
states  so  declining,  either  a  given  or  indefinite  time, 


416  HISTORY  OF  THE  [May  20, 

as  to  Congress  shall  seem  best,  for  acceding  to  the 
said  confederation,  and  making  themselves  thereby 
members  of  the  Union. 

Resolved,  nernine  contradicente,  That  our  said  de- 
legates now  in  office,  or  hereafter  to  be  appointed,  be 
authorized  and  required,  and  are  hereby  authorized 
and  required,  to  ratify  the  said  articles  of  confederation 
on  the  part  of  this  commonwealth,  with  so  many  of  the 
other  states  named  in  them  as  parties,  as  shall  on  their 
part  ratify  the  same. 

Test.  A.  CARY,  S.  S. 

B.  HARRISON,  S.  S. 

In  pursuance  of  the  above  powers  and  instructions, 
the  said  delegates  moved  in  the  words  following  : 

"  Whereas  it  is  of  the  greatest  importance  to  the  safe- 
"  ty,  honour,  and  interest  of  the  United  States  named  as 
"  parties  in  the  confederation,  that  they  authorize  their 
"  delegates  in  Congress  to  ratify  the  same,  on  or  before 
"the  day  of  next,   in  conjunction  with 

"  the  delegates  of  so  many  other  of  the  said  states  as 
"  shall  be  willing  ;  to  the  end  that  the  same  may  be 
"  thenceforward  tor  ever  binding  on  the  states  so  ratify- 
"  ing,  notwithstanding  that  a  part  of  those  named  shall 
"  decline  to  ratify  the  same." 

The  delegates  of  Virginia  then  delivered  in  a  paper 
signed  by  them  in  the  words  following  : 

"  In  consequence  of  the  foregoing  instructions  and 
"  powers  to  ns  given,  we  do  hereby  declare,  that  we 
"  are  ready  and  willing  to  ratify  the  confederation 
"  with  any  one  or  more  states  named  therein,  so  that 


1779.]  CONFEDERATION.  417 

"  the  same  shall  be  forever  binding  upon  the  state  of 

"  Virginia. 

"  (Signed)  «  MEREWETHER  SMITH. 

"CYRUS  GRIFFIN, 
"RICHARD  HENRY  LEE, 
"WILLIAM  FLEMING." 


FRIDAY,  MAY  21,  1779. 

MARYLAND. 

The  delegates  of  Maryland  informed  Congress,  that 
they  have  received  instructions  respecting  the  articles 
of  confederation  which  they  are  directed  to  lay  before 
Congress,  and  have  entered  on  their  journals.  The 
instructions  being  read,  ;ire  as  follows  : 

Instructions  of  the  Gener.il  Assembly  of  Maryland,  to 
George  Plater,  William  Paca,  William  Carmichael, 
John  Henry,  James  Forbes,  and  Daniel  of  St. 
Thomas  Jenifer,  Esquires. 

GENTLEMEN, 

Having  conferred  upon  you  a  trust  of  the  highest  na- 
ture, it  is  evident  we  place  great  confidence  in  your  in- 
tegrity, abilities  and  zeal  to  promote  the  general  welfare 
of  the  United  States,  and  the  particular  interest  of  this 
state,  where  the  latter  is  not  incompatible  with  the  for- 
mer ;  but  to  add  greater  weight  to  your  proceedings  in 
Congress,  and  take  away  all  suspicion  that  the  opinions 
you  there  deliver  and  the  votes  you  give  may  be  the 
vol.  i.  53 


418  HISTORY  OF  THE  [May  21, 

mere  opinions  of  individuals,  and  not  resulting   from 
your  knowledge  of  the  sense  and  deliberate  judgment  of 
the  state  you  represent,  we  think  it  our  duty  to  instruct 
as  followelh  on  the  subject  of  the  confederation,  a  sub- 
ject in  which,  unfortunately,  a  supposed  difference   of 
interest  has  produced  an  almost  equal  division  of  sen- 
timents among  the  several  states  composing  the  union. 
We  say  a  supposed  difference  of  interests  ;  for  if  local 
attachments  and  prejudices,  and  the  avarice  and  ambi- 
tion of  individuals,  would  give  way  to  the  dictates  of  a 
sound  policy,  founded  on  the  principles  of  justice  (and 
no  other  policy  but  what  is  founded  on    those  immuta- 
ble principles  deserves  to  be  called   sound)  we  flatter 
ourselves,  this  apparent   diversity    of  interests    would 
soon  vanish,  and  all   the  states  would  confederate  on 
terms  mutually  advantageous  to   all  ;    for   they    would 
then  perceive  that  no  other  confederation    than  one  so 
formed  can  be  lasting.     Although  the  pressure   of  im- 
mediate calamities,  the  dread  of  their  continuance  from 
the  appearance  of  disunion,  and  some    other  peculiar 
circumstances,  may  have  induced  some  states  to  accede 
to  the  present  confederation,  contrary  to  their  own  in- 
terests and    judgments,    it  requires  no  great    share  of 
foresight  to  predict,  that  when  those    causes    cease  to 
operate,  the  states  which   have  thus   acceded   to   the 
confederation  will  consider  it  as  no  longer  binding,  and 
will  eagerly  embrace   the   first  occasion    of  asserting 
their  just  rights,  and  securing  their  independence.     Is 
it  possible  that  those  states  who  are  ambitiously  grasp- 
ing at  territories,  to  which  in  our  judgment    they  have 
not  the  least  shadow  of  exclusive  right,  will   use   with 
greater  moderation  the  increase  of  wealth  and  power 


1779.]  CONFEDERATION. 

derived  from  those  territories,  when  acquired,  tli  m 
what  they  have  displayed  in  their  endeavours  to  acquire 
them  ?  We  think  not.  Wo  are  convinced  the  same 
spirit  which  hath  prompted  them  to  insist  on  a  claim  so 
extravagant,  so  repugnant  to  every  principle  of  jusin  e, 
so  incompatible  with  the  general  wellarc  of  all  ihe 
states,  will  urge  them  on  to  add  oppression  to  injuslii  e. 
If  they  should  not  be  incited  by  a  superiority  of  wealth 
and  strength  to  oppress  by  open  force  their  lesa  weal* 
thy  and  less  powerful  neighbours;  yet  depopulation 
and  consequently  the  impoverishment  of  those  states 
will  necessarily  follow,  which,  by  an  unfair  construc- 
tion of  the  confederation,  may  be  stripped  of  a  com- 
mon interest,  and  the  common  benefits  derivable  from 
the  western  country.  Suppose,  for  instance,  Virginia 
indisputably  possessed  of  the  extensive  and  fertile 
country  to  which  she  has  set  up  a  claim,  what  would 
be  the  probable  consequences  to  Maryland  of  such  an 
undisturbed  and  undisputed  possession  ?  They  cannot 
escape  the  least  discerning. 

Virginia,  by  selling  on  the  most  moderate  terms  a 
small  proportion  of  the  lands  in  question,  would  draw 
into  her  treasury  vast  sums  of  money  ;  and  in  propor- 
tion to  the  sums  arising  from  such  sales,  would  be  en- 
abled to  lessen  her  taxes.  Lands  comparatively  cheap, 
and  taxes  comparatively  low,  with  the  lands  and  taxi 
of  an  adjacent  state,  would  quickly  drain  the  state  thus 
disadvantageously  circumstanced  of  its  most  useful  in- 
habitants ;  its  wealth  and  its  consequence  in  the  seafc 
of  the  confederated  states  would  sink  of  course*  I 
claim  so  injurious  to  more  than  one  half,  if  not  to  the 
whole  of  the  United  States,  ought  to  be   supported  by 


420  HISTORY  OF  THE  [May  21, 

the  clearest  evidence  of  the  right.  Yet  what  eviden- 
ces of  that  right  have  been  produced  ?  What  argu- 
ments alleged  in  support  either  of  the  evidence  or  the 
right  ?  None  that  we  have  heard  of  deserving  a  seri- 
ous refutation. 

It  has  been  said,  that  some  of  the  delegates  of  a 
neighbouring  state  have  declared  their  opinion  of  the 
impracticability  of  governing  the  extensive  dominion 
claimed  by  that  state.  Hence  also  the  necessity  was 
admitted  of  dividing  its  territory,  and  erecting  a  new 
state  under  the  auspices  and  direction  of  the  elder, 
from  whom  no  doubt  it  would  receive  its  form  of  go- 
vernment, to  whom  it  would  be  bound  by  some  alliance 
or  confederacy,  and  by  whose  councils  it  would  be  in- 
fluenced. Such  a  measure,  if  ever  attempted,  would 
certainly  be  opposed  by  the  other  states  as  inconsis- 
tent with  the  letter  and  spirit  of  the  proposed  confede- 
ration. Should  it  take  place  by  establishing  a  sub  con- 
federacy, imperium  in  imperio,  the  state  possessed  of 
this  extensive  dominion  must  then  either  submit  to  all 
the  inconveniences  of  an  overgrown  and  unwieldy  go- 
vernment, or  suffer  the  authority  of  Congress  to  inter- 
pose at  a  future  time,  and  to  lop  off  a  part  of  its  territo- 
ry to  be  erected  into  a  new  and  free  state,  and  admit- 
ted into  the  confederation  on  such  conditions  as  shall 
be  settled  by  nine  states.  If  it  is  necessary  for  the 
happiness  and  tranquillity  of  a  state  thus  overgrown,  that 
Congress  should  hereafter  interfere  and  divide  its  terri- 
tory,  why  is  the  claim  to  that  territory  now  made,  and 
so  pertinaciously  insisted  on  ?  We  can  suggest  to  our- 
selves but  two  motives  ;  either  the  declaration  of  re- 
linquishing at  some  future  period  a  proportion  of  the 


1779.]  CONFEDERATION.  421 

country  now  contended  for,  was  made  to  lull  suspicion 
asleep,  and  to  cover  the  designs  of  a  secret  ambition,  or, 
if  the  thought  was  seriously  entertained,  the  lands  arc 
now  claimed  to  reap  an  immediate  profit  from  the  sale. 
We  are  convinced,  policy  and  justice  require,  that  a 
country  unsettled  at  the  commencement  of  this  war, 
claimed  by  the  British  crown  and  ceded  to  it  by  the 
treaty  of  Paris,  if  wrested  from  the  common  enemy  by 
the  blood  and  treasure  of  the  thirteen  states,  should  be 
considered  as  a  common  property,  subject  to  be  par- 
celled out  by  Congress  into  free,  convenient  and  inde- 
pendent governments,  in  such  manner  and  at  such  times 
as  the  wisdom  of  that  assembly  shall  hereafter  din  i  t. 

Thus  convinced,  we  should  betray  the  trust  n  posed 
in  us  by  our  constituents,  were  we  to  authorize  you  to 
ratify  on  their  behalf  the  confederation,  unless  it  be 
farther  explained.  We  have  coolly  and  dispassionate- 
ly considered  the  subject ;  we  have  weighed  probable 
inconveniences  and  hardships  against  the  sacrifice  of 
just  and  essential  rights  ;  and  do  instruct  you  not  to 
agree  to  the  confederation,  unless  an  article  or  articles 
be  added  thereto  in  conformity  with  our  declaration. 
Should  we  succeed  in  obtaining  such  article  or  articles, 
then  you  are  hereby  fully  empowered  to  accede  to  the 
confederation. 

That  these  our  sentiments  respecting  our  confede- 
ration may  be  more  publickly  known,  and  more  expli- 
citly and  concisely  declared,  we  have  drawn  up  the 
annexed  declaration,  which  we  instruct  you  to  lay  be- 
fore Congress,  to  have  it  printed,  and  to  deliver  to  each 
of  the  delegates  of  the  other  states  in  Congress  assem- 
bled, copies  thereof  signed  by  yourselves,  or  by   such 


422  HISTORY  OF  THE  [May  81, 

of  you  as  may  be  present  at  the  time  of  delivery  ;  to 
the  intent  and  purpose  that  the  copies  aforesaid  may 
be  communicated  to  our  brethren  of  the  United  States, 
and  the  contents  of  the  said  declaration  taken  into  their, 
serious  and  candid  consideration. 

Also  we  desire  and  instruct  you  to  move,  at  a  proper 
time,  that  these  instructions  be  read  to  Congress  by 
their  Secretary,  and  entered  on  the  journals  of  Con- 
gress. 

We  have  spoken  with  freedom,  as  become  freemen  ; 
and  we  sincerely  wish  that  these  our  representations 
may  make  such  an  impression  on  that  assembly  as  to 
induce  them  to  make  such  addition  to  the  articles  of 
confederation  as  may  bring  about  a  permanent  union. 

A  true  copy  from  the  proceeding  of  December  15, 
1778. 

Test.  T.  DUCKETT,  C.  H.  D. 


MAY  21,  1779. 

The  delegates  for  the  state  of  Connecticut  laid  be- 
fore Congress  farther  powers  relative  to  the  articles  of 
confederation,  which  were  read,  and  are  as  follows  : 

STATE  OF  CONNECTICUT,  ss. 

At  a  general  assembly  of  the  governour  and  company 
of  the  state  of  Connecticut,  in  America,  holden  at 
Hartford,  by  special  order  of  the  governour  of  said 
state,  on  Wednesday  the  seventh  day  of  April,  Anno 
Domini.  1779.  [l.  s.J 


1779.]  CONFEDERATION.  423 

It  appearing  to  this  assembly  to  be  essentially  ne- 
cessary for  the  preservation,  safety,  independence  and 
sovereignty  of  the  United  States  of  America,  that 
the  articles  of  confederation  and  perpetual  union  be  ac- 
ceded to,  ratified  and  confirmed  :  And  whereas  all  of 
the  said  states,  except  Maryland,  have  agreed  to  and 
confirmed  said  articles  of  confederation  ;  and  Maryland 
hath  not  acceded  to  said  articles  as  drawn  up,  for  n  a- 
sons  heretofore  published  :  And  whereas  the  confede- 
ration of  thirteen  states  may  not  be  considered  as  obli- 
gatory on  twelve  slates  only  : 

Resolved,  That  the  delegates  of  this  state  in  Con- 
gress be  directed  and  empowered,  and  full  power  and 
authority  is  hereby  given  and  granted  to  the  said  dele- 
gates, in  the  name  and  behalf  of  this  state,  to  enter  into, 
ratify,  and  confirm  said  articles  of  confederation  and 
perpetual  union  with  the  states  of  New  Hampshire, 
Massachusetts  Bay,  Rhode  Island  and  Providence 
Plantations,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Virginia,  North  Carolina,  South  Carolina 
and  Georgia,  in  the  most  full  and  ample  manner:  Al- 
ways provided,  that  the  state  of  Maryland  be  not 
thereby  excluded  from  acceding  to  said  confederation 
at  any  time  hereafter. 

A  true  copy  of  record. 
Examined  by 

GEORGE  WYLLYS,  Secretary. 


424  HISTORY  OF  THE  [April  1, 


SATURDAY,  APRIL  1,  1780. 

The  committee,  to  whom  was  referred  the  act  of  the 
legislature  of  the  state  of  New  York,  entitled  "  An  act 
"  to  facilitate  the  completion  of  the  articles  of  confede- 
"  ration  and  perpetual  union  among  the  United  States  of 
"  America" — report, 

That  having  met  on  the  business,  but  not  being  able 
to  agree  to  any  resolution  thereon,  desire  to  be  dis- 
charged :  which  act   is  in  the  words  following,  viz. 

An  act  to  facilitate  the  completion  of  the  articles  of 
confederation  and  perpetual  union  among  the 
United  States  of  America. 

Whereas  nothing  under  divine  Providence  can  more 
effectually  contribute  to  the  tranquillity  and  safety  of 
the  United  States  of  America  than  a  federal  alliance, 
on  such  liberal  principles  as  will  give  satisfaction  to  its 
respective  members  :  And  whereas  the  articles  of  con- 
federation and  perpetual  union  recommended  by  the 
honourable  the  Congress  of  the  United  States  of  Ameri- 
ca have  not  proved  acceptable  to  all  the  states,  it  hav- 
ing been  conceived  that  a  portion  of  the  waste  and  un- 
cultivated territory,  within  the  limits  or  claims  of  cer- 
tain states,  ought  to  be  appropriated  as  a  common  fund 
for  the  expenses  of  the  war  :  And  the  people  of  the 
state  of  New  York,  being  on  all  occasions  disposed  to 
manifest  their  regard  for  their  sister  states,  and  their 
earnest  desire  to  promote  the  general  interest  and  se- 
curity 5  and  more  especially  to  accelerate  the  federal 
alliance,  by  removing,  as  far  as  it  depends  upon  them, 


1780-]  CONFEDERATION.  flfe 

the  beforementioned  impediment  to  its  final  accom* 
plishment  : 

Be  it  therefore  enacted,  by  the  people  of  the  state 
of  New  York,  represented  in  senate  and  assembly, 
and  it  is  hereby  enacted  by  the  authority  of  the  same, 
That  it  shall  and  may  be  lawful  to  and  for  the  delegates 
of  this  state,  in  the  honourable  Congress  of  the  United 
States  of  America,  or  the  mnjor  part  of  such  of  them  as 
shall  be  assembled  in  Congress,  and  they  the  said  dele- 
gates or  a  major  part  of  them,  so  assembled,  are  here- 
by fully  authorized  and  empowered,  for  and  on  behalf 
of  this  state,  and  by  proper  and  authentick  acts  or  in- 
struments to  limit  and  restrict  the  boundaries  of  this 
state,  in  the  western  parts  thereof,  by  such  line  or  lines, 
and  in  such  manner  and  form,  as  they  shall  judge  to  be 
expedient,  either  with  respect  to  the  jurisdiction  as 
well  as  the  right  or  pre-emption  of  soil,  or  reserving 
the  jurisdiction  in  part,  or  in  the  whole,  over  the  lands 
which  may  be  ceded,  or  relinquished,  with  respect  only 
to  the  right  or  pre-emption  of  the  soil. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  territory  which  may  be  ceded  or  relinquished 
by  virtue  of  this  act,  either  with  respect  to  the  jurisdic- 
tion as  well  as  the  right  or  pre-emption  of  soil,  or  the 
right  or  pre-emption  of  soil  only,  shall  be  and  enure  for 
the  use  and  benefit  of  such  of  the  United  States  as  shall 
become  members  of  the  federal  alliance  of  the  said 
states,  and  for  no  other  use  or  purpose  whatever. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
That  all  the  lands  to  be  ceded  and  relinquished  by  vir- 
tue of  this  act,  for  the  benefit  of  the  United  States,  with 
respect  to  property,  but  which  shall  nevertheless  re- 
vol.  i.  54 


426  HISTORY  OF  THE  [Sept.  6, 

main  under  the  jurisdiction  of  this  state,  shall  be  dis- 
posed of  and  appropriated  in  such  manner  only  as  the 
Congress  of  the  said  states  shall  direct ;  and  that  a  war- 
rant under  the  authority  of  Congress  for  surveying  and 
laying  out  any  part  thereof,  shall  entitle  the  party  in 
whose  favour  it  shall  issue  to  cause  the  same  to  be  sur- 
veyed and  laid  out  and  returned,  according  to  the  di- 
rections of  such  warrant ;  and  thereupon  letters  patent 
under  the  great  seal  of  this  state  shall  pass  to  the 
grantee  for  the  estate  specified  in  the  said  warrant  ; 
for  which  no  other  fee  or  reward  shall  be  demanded 
or  received  than  such  as  shall  be  allowed  by  Congress. 
Provided  always,  and  be  it  further  enacted  by  the 
authority  aforesaid,  That  the  trust  reposed  by  virtue 
of  this  act,  shall  not  be  executed  by  the  delegates  of 
this  state,  unless  at  least  three  of  the  said  delegates 
shall  be  present  in  Congress. 

STATE  OF  NEW  YORK,  ss. 

I  do  hereby  certify  that  the  aforegoing  is  a  true  copy 
of  the  original  act  passed  the  19th  of  February,  1780, 
and  lodged  in  the  secretary's  office. 

ROBERT  HARPUR,  D'y.  Sec'y.  State. 

WEDNESDAY,  SEPTEMBER  6,  1780. 

Congress  took  into  consideration  the  report  of  the 
committee  to  whom  were  referred  the  instructions  of 
the  general  assembly  of  Maryland  to  their  delegates  in 
Congress  respecting  the  articles  of  confederation,  and 
the  declaration  therein  referred  to  ;  the  act  of  the  le- 
gislature of  New  York  on  the  same  subject ;  and    the 


1780.]  CONFEDERATION". 

remonstrance  of  the  general  assembly  of  Virginia — 
which  report  was  agreed  to,  and  is  in  the  words  lol 
lowing  : 

That  having  duly  considered  the  several  matter*  to 
them  submitted,  they  conceive  it  unnecessary  to 
mine  into  the  merits  or  policy  of  the  instructions  or 
declaration  of  the  general  assembly  of  Maryland,  or 
of  the  remonstrances  of  the  general  assembly  of  Vir- 
ginia, as  they  involve  questions,  a  discussion  of  which 
was  declined,  on  mature  consideration,  when  the  arti- 
cles of  confederation  were  debated  ;  nor,  in  the  opi- 
nion of  the  committee,  can  such  questions  be  now  re- 
vived with  any  prospect  of  conciliation  :  That  it  ap- 
pears more  advisable  to  press  upon  these  states  which 
can  remove  the  embarrassments  respecting  the  western 
country,  a  liberal  surrender  of  a  portion  of  their  terri- 
torial claims,  since  they  cannot  be  preserved  entire 
without  endangering  the  stability  of  the  general  con- 
federacy ;  to  remind  them  how  indispensably  necessary 
it  is  to  establish  the  federal  union  on  a  fixed  and  per- 
manent basis,  and  on  principles  acceptable  to  all  its 
respective  members  ;  how  essential  to  publick  credit 
and  confidence,  to  the  support  of  our  army,  to  the  vi- 
gour of  our  councils,  and  success  of  our  measures,  to 
our  tranquillity  at  home,  our  reputation  abroad,  to  our 
very  existence  as  a  free,  sovereign  and  independent 
people  ;  that  we  are  fully  persuaded  the  wisdom  of  the 
respective  legislatures  will  lead  them  to  a  full  and  im- 
partial consideration  of  a  subject  so  interesting  to  the 
United  States,  and  so  necessary  to  the  happy  estab- 
lishment of  the  federal  union  ;  that  they  are  confirmed 
in  these  expectations  by  a  view  of  the   beforemention- 


428  HISTORY  OF  THE  [Dec.  29,  1780. 

ed  act  of  (he  legislature  of  New  York,  submitted  to 
their  consideration  ;  that  this  act  is  expressly  calcula- 
ted to  accelerate  the  federal  alliance  by  removing  as 
far  as  depends  on  that  state,  the  impediment  arising 
from  the  western  country,  and  for  that  purpose  to  yield 
up  a  portion  of  territorial  claim  for  the  general  benefit : 
Whereupon, 

Resolved,  That  copies  of  the  several  papers  referred 
to  the  committee  be  transmitted,  with  a  copy  of  the 
report,  to  the  legislatures  of  the  several  states  ;  and 
that  it  be  earnestly  recommended  to  these  slates  who 
have  claims  to  the  western  country,  to  pass  such  laws, 
and  give  their  delegates  in  Congress  such  powers,  as 
may  effectually  remove  the  only  obstacle  to  a  final 
ratification  of  the  articles  of  confederation  :  And  that  the 
legislature  of  Maryland  be  earnestly  requested  to  au- 
thorize their  delegates  in  Congress  to  subscribe  the  said 
articles. 

DECEMBER  29,  1780. 

Resolved,  That  a  committee  of  three  be  appointed 
to  collect,  and  cause  to  be  published,  two  hundred 
correct  copies  of  the  declaration  of  Independence,  the 
articles  of  confederation  and  perpetual  union,  the  al- 
liances between  these  United  States  and  his  most 
christian  majesty,  with  the  constitutions  or  forms  of 
government  of  the  several  states,  to  be  bound  together 
in  boards. 

The  members — Mr.  Bee,  Mr.  Witherspoon,  and  Mr. 
Wolcott. 


Feb.  1781.  J  CONFEDERATION. 


MONDAY,  FEBRUARY  12,1781. 

The  delegates  of  Maryland  laid  before  Congress  a 
certified  copy  of  an  act  of  the  legislature  of  that  state, 
which  was  read  as  follows  : 

An  act  to    empower  the  delegates   of  this  state    in 
Congress    to  subscribe  and   ratify  the  articles    ot 
confederation. 
Whereas  it  hath  been  said  that    the  common  enemy 
is  encouraged,   by  this  state  not  acceding  to  the  con- 
federation, to  hope  that  the   union  of  the  sister  states 
may  be  dissolved  ;  and  therefore  prosecute  the  war  in 
expectation  of  an  event  so  disgraceful    to  America  : 
And  our  friends  and  illustrious  ally  arc  impressed  with 
an  idea,  that  the  common  cause  would  be  promoted  by 
our    formally  acceding    to   the   confederation  :    This 
general  assembly,  conscious  that   this  state   hath  from 
the  commencement  of   the  war    strenuously  exerted 
herself  in  the  common  cause,  and  fully  satisfied  that  if 
no  formal  confederation  was  to  take  place  it  is  the  fixed 
determination  of  this  state  to  continue  her  exotionsto 
the  utmost,  agreeable  to  the  faith  pledged  in  the  union — 
from  an  earnest  desire  to  conciliate  the  affection  of  the 
sister  states,  to  convince  all  the  world  of  our  unaltera- 
ble  resolution  to  support  the    independence   of   the 
United  States,  and  the  alliance  with  his  most  christian 
majesty  ;  and  to  destroy  forever   any   apprehension  of 
our  friends,  or  hope  in  our  enemies,  of  this  state  being 
again  united  to  Great  Britain  : 

Be  it  enacted   by  the  general   assembly  of  Mary- 
land, That  the  delegates  of  this  state  in  Congress,  or 


430  HISTORY  OF  THE  [Feb.  187 

any  two  or  three  of  them,  shall  be,  and  are  hereby  em- 
powered and  required,  on  behalf  of  this  state,  to  sub- 
scribe the  articles  of  confederation  and  perpetual 
union,  between  the  states  of  New  Hampshire,  Mas- 
sachusetts Bay,  Rhode  Island  and  Providence  Plan- 
tations, Connecticut,  New  York,  New  Jersey,  Penn- 
sylvania, Delaware,  Maryland,  Virginia,  North  Caro- 
lina, South  Carolina  and  Georgia,  signed  in  the  gene- 
ral Congress  of  the  said  states  by  the  honourable 
Henry  Laurens,  esquire,  their  then  president,  and 
laid  before  the  legislature  of  this  state  to  be  ratified, 
if  approved  :  and  that  the  said  articles  of  confedera- 
tion and  perpetual  union,  so  as  aforesaid  subscribed, 
shall  thenceforth  be  ratified  and  become  conclusive 
as  to  this  state,  and  obligatory  thereon. 

And  it  is  hereby  declared,  that  by  acceding  to  the 
said  confederation,  this  state  doth  not  relinquish,  or 
intend  to  relinquish,  any  right  or  interest  she  hath 
with  the  other  united  or  confederated  states  to  the 
back  country  ;  but  claims  the  same  as  fully  as  was 
done  by  the  legislature  of  this  state  in  their  declara- 
tion which  stands  entered  on  the  journals  of  Con- 
gress :  this  state  relying  on  the  justice  of  the  several 
states  hereafter,  as  to  the  said  claim  made  by  this 
state. 

And  it  is  further  declared,  That  no  article  in  th' 
said  confederation  can  or  ought  to  bind  this  or  ar 
other  state,  to  guarantee  any  exclusive  claim  of  a 
particular  state  to  the  soil  of  the  said  back  lands. 


1781.]  CONFEDERATION.  « 

any  such  claim  of  jurisdiction  over  the  said  lands,  or 
the  inhabitants  thereof. 

By  the  House  of  Delegates,  January  30, 1781. 
Read  and  assented  to. 
By  order. 

F.  GREEN,  Clerk. 
By  the  Senate,  February  2,  1781. 
Read  and  assented  to. 
By  order. 

JAS.  MACCUBBIN,  Clerk. 
Thomas  Lee.     [l.  s.] 

THURSDAY,  FEBRUARY  22,  1781. 

The  delegates  of  Maryland  having  taken  their  scats 
in  Congress  with  powers  to  sign  the  articles  of  confe- 
deration— 

Ordered,  That  Thursday  next  be  assigned  for  com- 
pleting the  confederation  ;  and  that  a  committee  of 
three  be  appointed  to  consider  and  report  a  mode  for 
announcing  the  same  to  the  publick. 

The  members — Mr.  Walton,  Mr.  Madison,  Mr.  Ma- 
thews. 

SATURDAY,  FEBRUARY  21,  1781. 

On  the  report  of  the  committee  appointed  to  rrport 
the  mode  of  announcing  the  final  ratification  of  the 
articles  of  confederation, 

Resolved,  That  on  Thursday  next,  at  twelve  o'clock, 
the  final  ratification  of  the  confederation  of  the  Unit- 
ed States  of  America  be  announced  to  the   publick  ; 


432  HISTORY  OF  THE  [March  1, 

and  that  the  board  of  war  and  board  of  admiralty  take 
order  according. 

That  this  important  event  be  communicated  to  the 
executives  of  the  several  states. 

That  the  several  ministers  of  these  states  in  Eu- 
rope be  informed  of  the  complete  and  final  ratification 
of  the  said  confederation ;  and  they  be  ordered  to  no- 
tify the  same  to  the  respective  courts  at  which  they 
reside. 

That  it  also  be  notified  to  the  honourable  the  minis- 
ter plenipotentiary  of  France. 

That  information  of  the  completion  of  the  said  con- 
federation be  transmitted  to  the  commander  in  chief-, 
and  that  he  be  directed  to  announce  the  same  to  the 
army  under  his  command. 

THURSDAY,  MARCH  1,  1781, 

According  to  the  order  of  the  day,  the  honourable 
John  Hanson  and  Daniel  Carroll,  two  of  the  delegates 
for  the  state  of  Maryland,  in  pursuance  of  the  act  of 
the  legislature  of  that  state,  entitled  "  An  act  to  em- 
"  power  the  delegates  of  this  state  in  Congress  to  sub- 
"  scribe  and  ratify  the  articles  of  confederation," 
which  was  read  in  Congress  on  the  12th  of  February 
last,  and  a  copy  thereof  entered  on  the  minutes,  did, 
in  behalf  of  the  said  state  of  Maryland,  sign  and  rati- 
fy the  said  articles ;  by  which  act,  the  confederation 
of  the  United  States  of  America  was  completed,  each 
and  every  of  the  thirteen  United  States  from  New 
Hampshire  to  Georgia,  both  included,  having  adopted 


1781.]  CONFEDERATION.  fl) 

and  confirmed,  and  by  their  delegates  in  Congres.-.  ra- 
tified the  same,  which  is  in  the  words  following: 

To  all  to  whom  these  presents  shall  come,  We  :  the 
undesigned  delegates  of  the  states  affixed  to  our 
names,  send  greeting. 

Whereas  the  delegates  of  the  United  States  of  Ame- 
rica in  Congress  assembled  did.  on  the  fifteenth  day  of 
November,  in  the  year  of  our  Lord  one  thousand  se- 
ven hundred  and  seventy-seven,  and  in  the  second 
year  of  the  independence  of  America,  agree  to  cer- 
tain articles  of  confederation  and  perpetual  union  be- 
tween the  states  of  New  Hampshire,  Massachusetts 
Bay,  Rhode  Island  and  Providence  Plantations,  Con- 
necticut, New  York,  New  Jersey,  Pennsylvania,  De- 
laware, Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia,  in  the  words  following,  namely, 

ARTICLES 

OF  CONFEDERATION  AND  PERPETUAL  UNION 

BETWEEN    THE    STATES    OF 

New  Hampshire,  Pennsylvania, 

Massachusetts  Bay,  Delaware, 

Rhode  Island  and  Maryland, 

Providence  Plantations,  Virginia, 

Connecticut,  North  Carolina, 

New  York,  South  Carolina,  and 

New  Jersey,  Georgia. 
vol.  i.             55 


134  HISTORY  OF  THE  [March  3, 


ARTICLE    I. 

The  style  of  this  confederacy  shall  be,  the  united 

STATES  OF   AMERICA. 

ARTICLE    II. 

Each  state  retains  its  sovereignty,  freedom  and  in- 
dependence, and  every  power,  jurisdiction  and  right. 
which  is  not  by  this  confederation  expressly  delegated 
to  the  United  States  in  Congress  assembled. 

ARTICLE   III. 

The  said  states  hereby  severally  enter  into  a  firm 
league  of  friendship  with  each  other,  for  their  common 
defence,  the  security  of  their  liberties,  and  their  mutual 
and  general  welfare ;  binding  themselves  to  assist 
each  other  against  all  force  offered  to,  or  attacks  made 
upon  them,  or  any  of  them,  on  account  of  religion,  so- 
vereignty, trade,  or  any  other  pretence  whatever. 

ARTICLE    IV. 

The  better  to  secure  and  perpetuate  mutual  friend- 
ship and  intercourse  among  the  people  of  the  differ- 
ent states  in  this  union,  the  free  inhabitants  of  each  of 
these  states,  paupers,  vagabonds  and  fugitives  from 
justice  excepted,  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  states;  and 
the  people  of  each  state  shall  have  free  ingress  and 
regress  to  and  from  any  other  state  ;  and  shall  enjoy 


1781.]  CONFEDERATION.  <  : , 

therein  all  the  privileges  of  trade  and  commerce, 
subject  to  the  same  duties,  impositions  and  restric- 
tions, as  the  inhabitants  thereof  respectively  ;  provid- 
ed, that  such  restriction  shall  not  extend  eo  far  as 
to  prevent  the  removal  of  properly  imported  into  any 
state,  to  any  other  state  of  which  the  owner  is  an  in- 
habitant; provided  also,  that  no  imposition,  duties  or 
restriction  shall  be  laid  by  any  state,  on  the  propcrtv 
of  the  United  States,  or  either  of  them. 

If  any  person  guilty  of  or  charged  with  treason, 
felony,  or  other  high  misdemeanor,  in  any  state,  shall 
flee  from  justice,  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governour  or  exe- 
cutive power  of  the  state  from  which  he  fled,  be  deli- 
vered up  and  removed  to  the  state  having  jurisdiction 
of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these 
states  to  the  records,  acts  and  judicial  proceedings  of 
the  courts  and  magistrates  of  every  other  stale. 


article  v. 

For  the  more  convenient  management  of  the  gene- 
ral interests  of  the  United  States,  delegates  shall  be 
annually  appointed  in  such  manner  as  the  legislature 
of  each  state  shall  direct,  to  meet  in  Congress  on  the 
first  Monday  in  November,  in  every  year,  wilh  a  power 
reserved  to  each  state  to  recall  its  delegates,  or  any  of 
them,  at  any  time  within  the  year,  and  send  others  in 
their  stead  for  the  remainder  of  the  year. 

No  state  shall  be  represented  in  Congress,  by  less 
than  two,  nor  by  more  than  seven  members ;  and  nc 


436  HISTORY  OF  THE  [March  1, 

person  shall  be  capable  of  being  a  delegate  for  more 
than  three  years  in  any  term  of  six  years ;  nor  shall 
any  person,  being  a  delegate,  be  capable  of  holding 
any  office  under  the  United  States,  for  which  he,  or 
another  for  his  benefit,  receives  any  salary,  fees,  or 
emolument  of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  a 
meeting  of  the  states,  and  while  they  act  as  members 
of  the  committee  of  the  states. 

In  determining  questions  in  the  United  States  in 
Congress  assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  Congress  shall 
not  be  impeached  or  questioned  in  any  court  or  place 
out  of  Congress  ;  and  the  members  of  Congress  shall 
be  protected  in  their  persons  from  arrests  and  impri- 
sonment, during  the  time  of  their  going  to  and  from, 
and  attendance  on  Congress,  except  for  treason,  felo- 
ny, or  breach  of  the  peace. 

ARTICLE   VI. 

No  state,  without  the  consent  of  the  United  States 
in  Congress  assembled,  shall  send  any  embassy  to,  or 
receive  any  embassy  from,  or  enter  into  any  confer- 
ence, agreement,  alliance,  or  treaty  with  any  king, 
prince,  or  state ;  nor  shall  any  person  holding  any 
office  of  profit  or  trust  under  the  United  States,  or  any 
of  them,  accept  of  any  present,  emolument,  office,  or 
title  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state  ;  nor  shall  the  United  Slates  in  Congress 
assembled,  or  any  of  them,  grant  any  title  of  no- 
bility. 


1781.]  CONFEDERATION.  437 

No  two  or  more  states  shall  enter  into  any  treaty, 
confederation,  or  alliance  whatever  between  them, 
without  the  consent  of  the  United  States  in  CongresB 
assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it 
shall  continue. 

No  state  shall  lay  any  imposts  or  duties  which  may 
interfere  with  any  stipulations  in  treaties  entered  into, 
by  the  United  States  in  Congress  assembled,  with  any 
king,  prince,  or  state,  in  pursuance  of  any  treaties  al" 
ready  proposed  by  Congress  to  the  courts  of  France 
and  Spain. 

No  vessels  of  war  shall  be  kept  up,  in  time  of  peace, 
by  any  state,  except  such  number  only  as  shall  be 
deemed  necessary  by  the  United  States  in  Congress 
assembled,  for  the  defence  of  such  state,  or  its  trade  ; 
nor  shall  any  body  of  forces  be  kept  up  by  any  slate, 
in  time  of  peace,  except  such  number  only  as  in  the 
judgment  of  the  United  States  in  Congress  assembled 
shall  be  deemed  requisite  to  garrison  the  forts  neces- 
sary for  the  defence  of  such  state  :  but  every  state 
shall  always  keep  up  a  well  regulated  and  disciplined 
militia,  sufficiently  armed  and  accoutred  ;  and  shall 
provide  and  constantly  have  ready  for  use,  in  pubiick 
stores,  a  due  number  of  field  pieces  and  tents,  and  a 
proper  quantity  of  arms,  ammunition  and  camp  equi- 
page. 

No  state  shall  engage  in  any  war,  without  the  con- 
sent of  the  United  States  in  Congress  assembled,  un- 
less such  state  be  actually  invaded  by  enemies,  or 
shall  have  received  certain  advice  of  a  resolution  be- 
ing formed  by  some  nation  of  Indians  to  invade  such 


438  HISTORY  OF  THE  [March  1, 

state,  and  the  danger  is  so  imminent  as  not  to  admit 
of  a  delay,  till  the  United  States  in  Congress  assem- 
bled can  be  consulted  :  nor  shall  any  state  grant  com- 
missions to  any  ship  or  vessels  of  war,  nor  letters  of 
marque  or  reprisal,  except  it  be  after  a  declaration  of 
war  by  the  United  States  in  Congress  assembled  ;  and 
then  only  against  the  kingdom  or  state,  and  the  sub- 
jects thereof,  against  which  war  has  been  so  declared, 
and  under  such  regulations  as  shall  be  established  by 
the  United  States  in  Congress  assembled  ;  unless  such 
state  be  infested  by  pirates,  in  which  vessels  of  war 
may  be  fitted  out  for  that  occasion,  and  kept  so  long 
as  the  danger  shall  continue,  or  until  the  United  States 
in  Congress  assembled  shall  determine  otherwise. 

ARTICLE    VII. 

When  land  forces  are  raised  by  any  state  for  the 
common  defence,  all  officers  of  or  under  the  rank  of 
colonel,  shall  be  appointed  by  the  legislature  of  each 
state  respectively  by  whom  such  forces  shall  be  raised. 
or  in  such  manner  as  such  state  shall  direct;  and  all 
vacancies  shall  be  filled  up  by  the  state  which  first 
made  the  appointment, 

ARTICLE    VIII. 

All  charges  of  war,  and  all  other  expenses  that  shall 
be  incurred  for  the  common  defence,  or  general  wel- 
fare, and  allowed  by  the  United  States  in  Congress 
assembled,  shall  be  defrayed  out  of  a  common  treasu- 
ry, which  shall  be   supplied  by  the  several  states  in 


1781.]  CONFEDERATION.  fl| 

proportion  to  the  value  of  all  land  within  each  state, 
granted  to,  or  surveyed  for,  any  person,  as  such  land 
and  the  buildings  and  improvements  thereon  shall  be 
estimated,  according  to  such  mode  as  the  United  States 
in  Congress  assembled  shall,  from  time  to  time,  direct 
and  appoint.  The  taxes  for  paying  that  prop 
shall  be  laid  and  levied  by  the  authority  and  direction 
of  the  legislatures  of  the  several  states,  within  the 
time  agreed  upon  by  the  United  States  in  Congress 
assembled. 


ARTICLE    IX. 


The  United  States  in  Congress  assembled  shall  have 
the  sole  and  exclusive  right  and  power  of  determin- 
ing on  peace  and  war,  except  in  the  cases  mentioned 
in  the  sixth  article  :  Of  sending  and  receiving  ambas- 
sadors:  Entering  into  treaties  and  alliances;  provided 
that  no  treaty  of  commerce  shall  be  made  whereby 
the  legislative  power  of  the  respective  states  shall  be 
restrained  from  imposing  such  imposts  and  duties  on 
foreigners  as  their  own  people  are  subjected  to.  or 
from  prohibiting  the  exportation  or  importation  of  any 
species  of  goods  or  commodities  whatever  :  Of  esta- 
blishing rules  for  deciding  in  all  cases  what  captures 
on  land  or  water  shall  be  legal ;  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of 
the  United  States  shall  be  divided  or  appropriated  : 
Of  granting  letters  of  marque  and  reprisal  in  time  ol 
peace:  Appointing  courts  for  the  trial  of  piracies  and 
felonies  committed  on  the  high  seas  5  and  establishing 
courts  for  receiving  and  determining  finally  apnt.  1 


44U  HISTORY  OF  THE  [March  1, 

all  cases  of  captures;  provided,  that  no  member  of 
Congress  shall  be  appointed  a  judge  of  any  of  the  said 
courts. 

The  United  States  in  Congress  assembled  shall  also 
be  the  last  resort,  on  appeal,  in  all  disputes  and  diffe- 
rences now  subsisting,  or  that  hereafter  may  arise,  be- 
tween two  or  more  states  concerning  boundary,  juris- 
diction, or  any  other  cause  whatever  ;  which  authority 
shall  always  be  exercised  in  the  manner  following: — 
Whenever  the  legislative  or  executive  authority  or 
lawful  agent  of  any  state  in  controversy  with  another 
shall  present  a  petition  to  Congress,  stating  the  matter 
in  question,  and  praying  for  a  hearing,  notice  thereof 
shall  be  given  by  order  of  Congress  to  the  legislative 
or  executive  authority  of  the  other  state  in  controver- 
sy;  and  a  day  assigned  for  the  appearance  of  the  par- 
ties by  their  lawful  agents,  who  shall  then  be  directed 
to  appoint,  by  joint  consent,  commissioners  or  judges 
to  constitute  a  court  for  hearing  and  determining  the 
matter  in  question  :  but  if  they  cannot  agree,  Congress 
shall  name  three  persons  out  of  each  of  the  United 
States  ;  and  from  the  list  of  such  persons,  each  party 
shall  alternately  strike  out  one,  the  petitioners  begin- 
ning, until  the  number  shall  be  reduced  to  thirteen  ; 
and  from  that  number,  not  less  than  seven  nor  more 
than  nine  names,  as  Congress  shall  direct,  shall  in  the 
presence  of  Congress  be  drawn  out  by  lot ;  and  the 
persons  whose  names  shall  be  so  drawn,  or  any  five  of 
them,  shall  be  commissioners  or  judges  to  hear  and 
finally  determine  the  controversy,  so  always  as  a  major 
part  of  the  judges  who  shall  hear  the  cause,  shall 
agree  in  the  determination.     And  if  either  party  shall 


1781.]  CONFEDERATION.  Ul 

neglect  to  attend  at  the  day  appointed,  without  show- 
ing reasons  which  Congress  shall  judge  sufficient,  or 
being  present  shall  refuse  to  strike,  the  Congress  shall 
proceed  to  nominate  three  persons  out  of  each  state  ; 
and  the  Secretary  of  Congress  shall  strike  in  behalf  of 
such  party  absent  or  refusing  ;  and  the  judgment  and 
sentence  of  the  court  to  be  appointed  in  the  manner 
before  prescribed  shall  be  final  and  conclusive.  And 
if  any  of  the  parties  shall  refuse  to  submit  to  the  au- 
thority of  such  court,  or  to  appear,  or  defend  their 
claim  or  cause,  the  court  shall  nevertheless  proceed  to 
pronounce  sentence,  or  judgment,  which  shall  in  like 
manner  be  final  and  decisive;  the  judgment,  or  sen- 
tence and  other  proceedings  being  in  either  case  trans- 
mitted to  Congress,  and  lodged  among  the  acts  cf  Con- 
gress for  the  security  of  the  parlies  concerned  :  Pro- 
vided, that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath  to  be  administered  by 
one  of  the  judges  of  the  supreme  or  superior  court  of 
the  state  where  the  cause  shall  be  tried,  "  Well  and 
"  truly  to  hear  and  determine  the  matter  in  question, 
"  according  to  the  best  of  his  judgment,  without  fa- 
"  vour,  affection,  or  hope  of  reward  :"  Provided  also, 
that  no  state  shall  be  deprived  of  territory  for  the 
benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil 
claimed  under  different  grants  of  two  or  more  states, 
whose  jurisdictions  as  they  may  respect  such  lands 
and  the  states  which  passed  such  grants  arc  adjusted, 
the  said  grants,  or  either  of  them,  being  at  the  same 
time  claimed  to  have  originated  antecedent  to  such 
settlement  of  jurisdiction,  shall,  on  the  petition  of 
vol.  i.  56 


442  HISTORY  OF  THE  [March  I, 

cither  party  to  the  Congress  of  the  United  States,  be 
finally  determined  as  near  as  may  be  in  the  same  man- 
ner as  is  before  prescribed  for  deciding  disputes 
respecting  territorial  jurisdiction  between  different 
states. 

The  United  States  in  Congress  assembled  shall  also 
have  the  sole  and  exclusive  right  and  power  of  regu- 
lating the  alloy  and  value  of  coin  struck  by  their  own 
authority,  or  by  that  of  the  respective  states :  Fixing 
the  standard  of  weights  and  measures  throughout  the 
United  States  :  Regulating  the  trade  and  managing  all 
affairs  with  the  Indians,  not  members  of  any  of  the 
states  ;  provided  that  the  legislative  right  of  any  state 
within  its  own  limits  be  not  infringed  or  violated  :  Es- 
tablishing and  regulating  postoffices  from  one  state  to 
another,  throughout  all  the  United  States,  and  exacting 
such  postage  on  the  papers  passing  through  the  same 
as  may  be  requisite  to  defray  the  expenses  of  the  said 
office:  Appointing  all  officers  of  the  land  forces  in  the 
service  of  the  United  States,  excepting  regimental 
officers  :  Appointing  all  the  officers  of  the  naval  for- 
ces, and  commissioning  all  officers  whatever  in  the 
service  of  the  United  States  :  Making  rules  for  the 
government  and  regulation  of  the  land  and  naval  for- 
ces, and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have 
authority  to  appoint  a  committee  to  sit  in  the  recess  of 
Congress,  to  be  denominated  a  committee  of  the 
states,  and  to  consist  of  one  delegate  from  each 
state  ;  and  to  appoint  such  other  committees  and  civil 
officers  as  may  be  necessary  for  managing  the  general 
affairs  of  the  United  States  under  their  direction :  To 


1781.]  CONFEDERATION. 

appoint  one  of  their  number  lo  preside;  provi 
that  no  person  be  allowed  to  nerve  in  tin-  oili<  e  of  Pre- 
sident more  than  one  year  in  any  term  ot  iln<  e  j 
To  ascertain  the  necessary  sums  <>l  money  t"  be  i 
for  the  service  of  the  United  States,  and  to  ap|  I 
ate  and  apply  the  same  for  defraying  the  pwbhek  ex- 
penses: To  borrow  money,  or  emit  bills  on  the  credit 
of  the  United  States,  transmitting  every  half  year  to 
the  respective  stales  an  account  of  the  sums  of  money 
so  borrowed  or  emitted  :  To  build  and  equip  a  i 
To  agree  upon  the  number  of  land  forces,  and  lo  make 
requisitions  from  each  state  for  its  quola,  in  proportion 
to  the  number  of  white  inhabitants  in  such  stale,  which 
requisition  shall  be  binding  ;  and  thereupon  the  legis- 
lature of  each  state  shall  appoint  the  regimental  offi- 
cers, raise  the  men,  and  clothe,  arm  and  equip  them, 
in  a  soldierlike  manner,  at  the  expense  of  the  United 
States  ;  and  the  officers  and  men  so  clothed,  armed 
and  equipped,  shall  march  lo  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  Slates  in 
Congress  assembled  :  but  if  the  United  Slates  in  Con- 
gress assembled,  shall,  on  consideration  of  circum- 
stances, judge  proper  that  any  state  should  not  raise 
men,  or  should  raise  a  smaller  number  than  its  quota, 
and  that  any  other  state  should  raise  a  greater  number 
of  men  than  its  quota  thereof,  such  extra  number  shall 
be  raised,  officered,  clothed,  armed  and  equipped,  in 
the  same  manner  as  the  quota  of  such  state  ;  unless 
the  legislature  of  such  state  shall  judge  that  sue*  I  \- 
tra  number  cannot  be  safely  spared  out  of  the  same  ; 
in  which  case  they  shall  raise,  officer,  clothe,  arm  and 
equip  as  many  of  such  extra  number  as  they  judge  cau 


444  HISTORY  OF  THE  [March  1, 

be  safely  spared  :  and  the  officers  and  men  so  cloth- 
ed, armed  and  equipped,  shall  march  to  the  place  ap- 
pointed, and  within  the  time  agreed  on  by  the  Un-ited 
States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall  ne- 
ver engage  in  a  war;  nor  grant  letters  of  marque  and 
reprisal  in  time  of  peace  ;  nor  enter  into  any  treaties 
or  alliances  ;  nor  coin  money  ;  nor  regulate  the  value 
thereof;  nor  ascertain  the  sums  and  expenses  necessa- 
ry for  the  defence  and  welfare  of  the  United  States, 
or  any  of  them  ;  nor  emit  bills  ;  nor  borrow  money  on 
the  credit  of  the  United  States  ;  nor  appropriate  mo- 
ney ;  nor  agree  upon  the  number  of  vessels  of  war  to 
be  built  or  purchased,  or  the  number  of  land  or  sea 
forces  to  be  raised  ;  nor  appoint  a  commander  in  chief 
of  the  army  or  navy — unless  nine  states  assent  to  the 
same  :  nor  shall  a  question  on  any  other  point,  except 
for  adjourning  from  day  to  day,  be  determined,  unless 
by  the  votes  of  a  majority  of  the  United  States  in 
Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power 
to  adjourn  to  any  time  within  the  year,  and  to  any 
place  within  the  United  States,  so  that  no  period  of 
adjournment  be  for  a  longer  duration  than  the  space  of 
six  months  ;  and  shall  publish  the  journal  of  their  pro- 
ceedings monthly,  except  such  parts  thereof  relating 
to  treaties,  alliances,  or  military  operations,  as  in  their 
judgment  require  secrecy  ;  and  the  yeas  and  nays  of 
the  delegates  of  each  stale  on  any  question  shall  be 
entered  on  the  journal,  when  it  is  desired  by  any  dele- 
gate ;  and  the  delegates  of  a  state,  or  any  of  them, 
at  his  or  their  request,  shall  be  furnished  with  a  tran- 


mi.]  CONFEDERATION.  Uu 

script  of  the  said  journal,  except  such  parts  as  arc 
above  excepted,  to  lay  before  the  legislatures  of  the 
several  states. 


article  x. 

The  committee  of  the  states,  or  any  nine  of  them, 
shall  be  authorized  to  execute,  in  the  recess  of  Con- 
gress, such  of  the  powers  of  Congress  as  the  United 
States  in  Congress  assembled,  by  the  consent  of  nine 
states,  shall,  from  time  to  time,  think  expedient  to  vest 
them  with  ;  provided,  that  no  power  be  delegated  to 
the  said  committee,  for  the  exercise  of  which,  by  the 
articles  of  confederation,  the  voice  of  nine  states  in 
the  Congress  of  the  United  States  assembled  is  requi- 
site. 


ARTICLE    XI. 

Canada  acceding  to  this  confederation,  and  joining 
in  the  measures  of  the  United  States,  shall  be  admitted 
into  and  entitled  to  all  the  advantages  of  this  union. 
But  no  other  colony  shall  be  admitted  into  the  same, 
unless  such  admission  be  agreed  to  by  nine  states. 

ARTICLE    XII. 

All  bills  of  credit  emitted,  moneys  borrowed,  and 
debts  contracted,  by  or  under  the  authority  of  Con- 
gress, before  the  assembling  of  the  United  States  in 
pursuance  of  the  present  confederation,  shall  be  drain- 
ed  and  considered   as  a  charge  againtt  the   United 


446  HISTORY  OF  THE  [March  1, 

States,  for  payment  and  satisfaction  whereof  the  said 
United  States  and  the  publick  faith  are  hereby  so- 
lemnly pledged. 


ARTICLE    XIII. 

Every  state  shall  abide  by  the  determinations  of  the 
United  States  in  Congress  assembled,  on  all  questions 
which  by  this  confederation  are  submitted  to  them. 
And  the  articles  of  this  confederation  shall  be  inviola- 
bly observed  by  every  state  ;  and  the  union  shall  be 
perpetual.  Nor  shall  any  alteration  at  any  time  here- 
after be  made  in  any  of  them,  unless  such  alteration 
be  agreed  to  in  a  Congress  of  the  United  States,  and 
be  afterwards  confirmed  by  the  legislatures  of  every 
state. 

And  whereas  it  hath  pleased  the  great  Governour  of 
the  world  to  incline  the  hearts  of  the  legislatures  we 
respectively  represent  in  Congress  to  approve  of,  and 
to  authorize  us  to  ratify  the  said  articles  of  confedera- 
tion and  perpetual  union  : 

Know  ye,  That  we  the  undersigned  delegates,  by 
virtue  of  the  power  and  authority  to  us  given  for 
that  purpose,  do  by  these  presents,  in  the  name 
and  in  behalf  of  our  respective  constituents,  fully  and 
entirely  ratify  and  confirm  each  and  every  of  the 
said  articles  of  confederation  and  perpetual  union, 
and  all  and  singular  the  matters  and  things  therein 
contained.  And  we  do  further  solemnly  plight  and 
engage  the  faith  of  our  respective  constituents,  that  they 
shall  abide  by  the  determinations  of  the  United  States 


A*iJ 


Confederation. 


Til 


in  Congress  assembled,  on  all  questions  which  by  the 
said  confederation  are  submitted  to  them  ;  and  that  the 
articles  thereof  shall  be  inviolably  observed  by  ihe 
states  we  respectively  represent  ;  and  that  the  union 
shall  be  perpetual. 

In  witness  whereof,  we  have  hcrcmto  set  our  htndfl 
in  Congress. 

Done  at  Philadelphia,  in  the  state  of  Pennsylvania, 
the  ninth  day  of  July,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-eight, 
and  in  the  third  year  of  the  independence  of 
America. 


Josiah  Bartlett, 
John  Wentworth, 
August  8,  1778. 

John  Hancock, 
Samuel  Adams, 
Elbridge  Gerry, 
Francis  Dana, 
James  Lovell, 
Samuel  Holten, 

William  Ellery, 
Henry  Marchant, 
John  Collins, 


Roger  Sherman, 
Samuel  Huntington, 
Oliver  Wolcott, 
Titus  Hosmer, 
Andrew  Adam9, 

James  Duanc, 
Francis  Lewis, 
William  Duer, 
Gouverncur  Morris. 


On  the  part  and  behalf  of 
the  state  of  New  Hamp- 
shire. 


On  the  part  and  behalf  of 
y     the  state  of  Massachu- 
setts Bay. 


J 


*}  On  the  part  and  behalf  of 
!  the  state  of  Rhode  Is- 
j       land     and     Providence 

J       Plantations. 

j  On  the  part  and  behalf  of 
y     the    state   of   Connecti- 
cut. 

1  On  the  part  and  behalf  of 
(      the  slate  of  New  York. 


448 


HISTORY  OP  THE  CONFEDERATION. 


John  Witherspoon, 
Nathaniel  Scudder, 


Robert  Morris, 
Daniel  Roberdeau, 
Jonathan  Bayard  Smith, 
William  Clingan, 
Joseph  Reed, 

Thomas  M'Kean, 
February  22,   1779. 

John  Dickinson, 
May  5,   1779. 

Nicholas  Van  Dyke, 

John  Hanson, 
Daniel  Carroll, 


Richard  Henry  Lee, 
John  Banister, 
Thomas  Adams, 
John  Harvie, 
Francis  Lightfoot  Lee, 

John  Penn, 

July  21,  1778. 
Cornelius  Harnett, 
Thomas  Williams, 

Henry  Laurens, 
William  Henry  Drayton, 
John  Mathews, 
Richard  Hutson, 
Thomas  Heyward,  jr. 

John  Walton, 

July  24,   1778, 
Edward  Telfair, 
Edward  Langworthy, 


On  the  part  and  behalf  of 
the  state  of  New  Jersey. 
November  26,  1778. 


On  the  part  and  behalf  of 
•     the  state  of  Pennsylva- 
nia.    July  22,  1778. 


On  the  part  and  behalf  of 
the  state  of  Delaware. 


On  the  part  and  behalf  of 
the  state  of  Maryland. 
March  1,  1781. 


^1 


> 
J 


On  the  part  and  behalf  of 
the  state  of  Virginia. 


|  On  the  part  and  behalf  ot 
y     the   state  of  North  Ca- 
rolina. 


J 


|  On  the  part  and  behalf  of 
y     the  state  of  South  Caro- 
lina. 


1 


On  the  part  and  behalf  of 
the  state  of  Georgia. 


END    OF    VOL.    I. 


SUPPLEMENT 


OCTOBER  5,  1775. 

To  be  inserted  after  the  first  Resolution  of  the  proceedings  of  October 
5,  1775.     Tage  28. 

JL  he  committee  appointed  to  prepare   a  plan,  &c. 
&c.  brought  in  a  report :  Whereupon, 

Resolved,  That  a  letter  be  sent  to  general  Washing- 
ton, to  inform  him  that  Congress,  having  received  in- 
telligence of  the  sailing  of  two  north  country  built 
brigs  of  no  force,  from  England,  on  the  11th  of  Au- 
gust last,  loaded  with  arms,  powder  and  other  stores 
for  Quebec,  without  convoy,  which  it  is  of  importance 
to  intercept,  desire  that  he  apply  to  the  council  of  Mas- 
sachusetts Bay  for  the  two  armed  vessels  in  their  ser- 
vice, and  despatch  the  same,  with  a  sufficient  number 
of  people,  stores,  &c,  particularly  a  number  of  oars, 
in  order  if  possible  to  intercept  the  said  two  brigs  and 
their  cargoes,  and  secure  the  same  for  the  use  of  the 
continent;  also  any  other  transports  laden  with  ammu- 
nition, clothing,  or  other  stores,  for  the  use  of  the 
ministerial  army  or  navy  in  America ;  and  secure  them 
vol,  i.  57 


450  SUPPLEMENT.  [Oct.  5, 

in  the  most  convenient  places  for  the  purpose  above- 
mentioned.  That  he  give  the  commander  or  com- 
manders such  instructions  as  are  necessary,  as  also 
proper  encouragement  to  the  marines  and  seamen  that 
shall  be  sent  on  this  enterprise  ;  which  instructions, 
&c,  &c.  are  to  be  delivered  to  the  commander  or  com- 
manders, sealed  up,  with  orders  not  to  open  the  same 
until  out  of  sight  of  land,  on  account  of  secrecy.  That 
a  letter  be  written  to  the  said  honourable  council,  to 
put  the  said  vessels  under  the  general's  command  and 
direction  ;  and  to  furnish  him  instantly  with  every  ne- 
cessary in  their  power,  at  the  expense  of  the  continent. 
Also,  that  the  general  be  directed  to  employ  the  said 
vessels  and  others,  if  he  judge  necessary,  to  effect  the 
purposes  aforesaid  ;  and  that  he  be  informed,  that  the 
Rhode  Island  and  Connecticut  vessels  of  force  will  be 
sent  directly  to  their  assistance.  That  a  letter  be 
written  to  governour  Cook,  informing  him  of  the  above ; 
and  desiring  him  to  despatch  one  or  both  the  armed 
vessels  of  the  colony  of  Rhode  Island  on  the  same  ser- 
vice ;  and  that  he  use  the  precautions  abovementioned. 
That  a  letter  be  also  written  to  governour  Trumbull, 
requesting  of  him  the  largest  vessel  in  the  service  of 
the  colony  of  Connecticut,  to  be  sent  on  the  enter- 
prise aforesaid  ;  acquainting  him  of  the  above  particu- 
lars, and  recommending  the  same  precautions. 

That  the  encouragement  recommended  by  Congress 
to  be  given  shall  be,  on  this  occasion,  that  the  master, 
officers,  and  seamen,  shall  be  entitled  to  one  half  of 
the  value  of  the  prizes  by  them  taken,  the  wages  they 
receive  from  the  respective    colonies  notwithstanding. 

That  the  said  ships  and  vessels  of  war  be  on  the 


1775.]  SUPPLEMENT. 

continental    risk   and  pay   during  their  being  thuJ  I  m- 
ployed. 

OCTOBER  G,   1115. 

Resolved,  That  it  be  recommended  to  the  several 
provincial  assemblies  or  conventions,  nnd  council.-,  oi 
committees  of  safety,  to  arrest  and  secure  every  per- 
son in  their  respective  colonies,  whose  going  at  large 
may,  in  their  opinion,  endanger  the  safety  oi  the  colo- 
ny, or  the  liberties  of  America. 

Ordered,  That  an  authentick  copy  of  this  resolve  be 
by  the  delegates  transmitted  to  proper  persons  in  then 
respective  colonies. 

Resolved,  That  the  committee  appointed  for  the  im- 
portation of  powder  do  export,  agreeably  to  the  con- 
tinental association,  as  much  provisions  or  other  pro- 
duce of  these  colonies  as  they  shall  judge  necessary, 
for  the  purchase  of  arms  and  ammunition. 


NOVEMBER  8,  1775. 

To  follow  proceedings  of  October  26,   1775.    Page  31. 

Resolved,  That  the  secret  committee  appointed  to 
contract  for  the  importation  of  arras,  ammunition,  &c. 
&c.  be  empowered  to  export  to  the  foreign  West  In- 
dies, on  account  and  risk  of  the  continent,  as  much 
provision  or  any  other  produce,  except  horned  cattle, 
sheep,  hogs  and  poultry,  as  they  may  deem  necessary 
for  the  importation  of  arms,  ammunition,  sulphur  and 
salt  petre. 

Resolved,  That  the  committee  of  safety  of  Pennsyl- 
vania be  requested  to  furnish  the  colony  of  New  York 


452  SUPPLEMENT.  [April  8, 

with  five  hundred  pounds  of  powder,  and  forward  the 
same  immediately  to  Dobb's  ferry.  That  the  conven- 
tion of  New  York  give  orders  to  receive  it  there,  and 
ssnd  it  as  soon  as  possible  to  the  fortresses  in  the  high- 
lands. 


NOVEMBER  29,    1777. 

To  follow  proceedings  of  August  19,  1777.     Page  52. 

Resolved,  That  a  committee  of  three  be  appointed 
to  procure  a  translation  to  be  made  of  the  articles  of 
confederation  into  the  French  language  ;  and  to  report 
an  address  to  the  inhabitants  of  Canada,  inviting  them 
to  accede  to  the  union  of  these  states.  That  the  said 
committee  be  further  directed,  to  report  a  plan  for  fa- 
cilitating  the  distribution  of  the  said  articles  and  ad- 
dress ;  and  for  conciliating  the  affections  of  the  Cana- 
dians towards  these    United    States. 

The  members  chosen — Mr.  Duer,  Mr.  Lovell  and 
Mr.  F.  L.  Lee. 


APRIL  8,   1780. 

To  follow  proceedings  of  March  20,  17C0.     Page  140. 

Resolved,  That  the  application  from  the  state  of 
Massachusetts  Bay  for  an  expedition  to  be  adopted  for 
dislodging  the  enemy  from  Penobscot,  with  the  papers 
relating  thereto,  be  referred  to  the  consideration  of  the 
commander  in  chief  of  the  army  of  these  United  States  ; 
and  that  continental  pay  and  rations  be  allowed  to 
any  body  of  militia,  not  exceeding  eight  hundred  men, 
which  the  state  of  Massachusetts  Bay  may  judge  ne- 
cessary to  be  raised  for  the  defence  of  the  eastern  part 
of  that  slate. 


1780.)  SUPPLEMENT. 

MAY    19,    1780. 
To  follow  proceedings  of  May  10,  1780.     Page  145. 

On  the  report  of  a  committee,  to  whom  was  referred 
a  memorial  from  the  honourable  the  mir.ister  plenipo- 
tentiary of  France, 

Resolved,  That  the  states  of  Virginia,  Maryland, 
Delaware,  Pennsylvania,  New  Jersey,  New  York, 
Connecticut,  Rhode  Island,  Massachusetts  Bay  and 
New  Hampshire,  be  most  earnestly  called  on  to  col- 
lect and  pay  into  the  continental  treasury,  immediately, 
if  possible,  and  at  all  events  within  thirty  days  from 
this  time,  ten  millions  of  dollars  for  the  special  purpose 
hereafter  mentioned,  in  the  following  proportions  ;  the 
payments  to  be  credited  to  the  said  states  respectively, 
on  their  quotas  of  money  due  to  the  United  States  to 
the  first  day  of  March  last,  viz. 

Virginia,          -  -           1,953,200 

Maryland,     -     -  1,234,350 

Delaware,         -  -           132,800 

Pennsylvania,  -       -    1,796,950 

New  Jersey,      -  -           703,950 

New  York,  -       -      585,950 

Connecticut,     -  -        1,329,150 

Rhode  Island,  -       156,250 


Massachusetts  Bay,     -    1,794,950 
New  Hampshire,     -  312,450 


1 0,000,000 


Resolved,  That  bills  be  immediately  drawn,  under 
the  direction  of  the  board  of  treasury,  on  the  honoura- 
ble doctor  Benjamin  Franklin,  for  twenty-five   thou- 


464  SUPPLEMENT.  [May  19, 

sand  dollars,  and  on  the  honourable  John  Jay,  for 
twenty-five  thousand  dollars,  payable  at  sixty  days 
sight ;  that  they  be  offered  for  sale  in  Massachusetts 
Bay,  Rhode  Island,  Connecticut,  Pennsylvania,  Mary- 
land and  Virginia,  in  the  following  proportions,  viz. 

Massachusetts  Bay,  -             -              20,000 

Rhode  Island,  -                           -           3,000 

Connecticut,            -  -             -                8,000 

Pennsylvania,  -             -             -          10,000 

Maryland,                -  -             -                5,000 

Virginia,  -             -             -           4,000 

Resolved,  That  the  money  to  be  raised  as  aforesaid, 
be  appropriated  and  applied  to  the  bringing  the  army 
into  the  field,  and  forwarding  their  supplies,  in  such 
manner  as  the  exigencies  and  nature  of  the  service 
may  require. 

Resolved,  That  the  committee  at  head  quarters  be 
directed  to  expedite  the  drawing  forth  the  supplies  of 
the  states,  required  by  the  resolution  of  Congress  of 
the  25th  of  February  last,  as  the  exigency  and  nature 
of  the  service  may  require,  and  the  commander  in  chief 
shall  judge  them  necessary.  That,  in  case  of  any 
extraordinary  emergency,  more  of  any  of  the  articles 
enumerated  in  the  said  resolution  shall  become  neces- 
sary than  is  therein  provided  for,  the  said  committee, 
with  the  advice  of  the  commander  in  chief,  do  apply 
to  the  legislature  or  executive  powers  of  any  of  the 
states  aforesaid,  from  New  Hampshire  to  Virginia  in- 
clusive, as  may  be  most  convenient,  to  have  them  im- 
mediately purchased   at  the  expense  of  the    United 


1780.]  SUPPLEMENT. 

States,  or  otherwise  procured  on  the  credit  of  the  same, 
if  necessity  shall  so  require. 

That  the  said  committee  give  directions  for  procur- 
ing any  other  articles  not  provided  for  in  tin-  >aul  reso- 
lution of  the  25th  of  February,  which  the  exigency  of 
the  service  may  in  the  opinion  of  the  commander  in 
chief  render  necessary  ;  direct  the  proper  applications 
to  the  civil  magistrates  of  any  of  the  states  for  obtain- 
ing them,  in  such  manner  as  shall  not  admit  of  delay. 

That  the  said  committee  be  also  authorized  to  give 
assurance,  where  any  of  the  aforesaid  articles  shall  be 
purchased,  or  otherwise  procured  on  the  credit  of  the 
United  Stales,  that  the  just  value  of  the  same  shall  be 
paid,  with  interest  at  six  percent.,  as  fast  as  money  can 
be  raised  for  that  purpose. 

That  the  said  committee  report  their  proceedings  to 
Congress  once  a  fortnight. 

Resolved,  That  the  legislatures  from  New  Hamp- 
shire to  Virginia  inclusive,  be  requested  to  invest  their 
executive  authority,  or  some  other  persons,  with  such 
powers  as  will  enable  them,  on  the  application  of  the 
committee  aforesaid,  to  draw  forth  at  this  critical  pe- 
riod the  resources  of  the  state. 


JUNE   17,   1780. 
To  follow  proceedings  of  June  1,  1780.  Page  148. 

On  the  report  of  a  committee  appointed  to  prepare 
a  plan  for  the  defence  of  the  southern  states, 

Resolved,  That  the  executive  power  of  the  state  of 
Virginia    be  earnestly  requested  to  order  a  rfinlorrr 


45S  SUPPLEMENT.  [June  17, 

ment  of  five  thousand  militia,  including  any  that  may 
be  now  in  service,  to  join  the  southern  army  with  all 
possible  despatch. 

That  the  executive  power  of  the  state  of  North  Ca- 
rolina be  earnestly  requested  to  order  a  reinforcement 
of  four  thousand  militia,  including  such  as  are  now  in 
service,  to  join  the  said  army. 

That  it  be  recommended  to  the  state  of  Virginia  to 
keep  in  readiness  an  additional  force  of  three  thousand 
militia  :  and  to  the  state  of  North  Carolina,  to  keep  in 
readiness  an  additional  force  of  two  thousand  militia, 
in  order  to  join  the  southern  army  upon  the  shortest 
notice. 

That  no  supplies  of  men,  and  no  provisions  except 
bacon,  and  so  much  grain  as  the  executive  of  the  state 
of  Virginia  conceive  can  be  spared  from  the  southern 
army — they  bearing  in  mind  that  the  wants  of  the  grand 
army  are  at  this  time  extremely  pressing — be  removed 
to  the  northward  of  the  state  of  Virginia,  until  the  fur- 
ther order  of  Congress. 

That  the  moneys  raised  for  the  use  of  the  United 
States,  in  the  state  of  Maryland,  and  the  states  to  the 
southward  thereof,  be  appropriated  to  the  supply  of 
the  military  chest  and  exigencies  of  the  war  in  the 
southern  department,  until  the  further  order  of  Con- 
gress. 

That  the  board  of  war  be  directed  to  take  effectual 
measures  for  supplying  the  said  department  with  al! 
necessarv  military  stores. 


1780.]  SUPPLEMENT. 

JUNE  21,    1780. 
To  follow  proceedings  of  June  1,  1780.     Page  I4fj. 

On  the  report  of  a  committee,  consisting  of  Mr.  R. 
R.  Livingston,  Mr.  M'Kean  and  Mr.  Ellsworth,  to 
whom  was  referred  a  note  from  the  minister  of  France, 

Resolved,  That  the  minister  of  France  be  infoi 
that  Congress  have  used  every  means  in  their  power 
to  fulfil  their  engagements  of  January  last ;  that  tli<y 
have  apportioned  the  quotas  of  the  several  stales,  and 
called  upon  them  most  earnestly  to  complete  the  same  ; 
that  the  surrender  of  Charleston,  and  the  diversion 
of  our  force  to  the  southern  department,  together  with 
the  heavy  loss  sustained  by  fatigue  and  desertion  in  a 
long  and  toilsome  march,  have  for  the  present  conside- 
rably weakened  the  main  army  ;  that  Congress  have 
endeavoured  to  replace  these  deficiencies,  by  demand- 
ing large  additional  supplies  of  recruits  and  militia 
from  the  middle  and  eastern  states,  to  take  the  field  by 
the  first  of  July  ;  that  their  requests  have  been  fre- 
quently reiterated  in  the  strongest  terms  ;  that  they 
have  reason  to  believe  that  many  of  them  are  making 
great  efforts  to  comply  with  their  demand  ;  and  that 
they  are  not  without  well  grounded  expectations  that 
the  importance  of  the  occasion  will  awaken  all  to  the 
most  vigorous  exertions  ;  that  Congress  have  demand- 
ed from  each  state  immediate  information  of  the  mea- 
sures they  have  adopted  in  consequence  of  their  requi- 
sition ;  that  they  hope  to  be  thereby  enabled  more 
fully  to  satisfy  the  wishes  of  the  minister  of  France, 
relative  to  the  matters  contained  in  his  memorial  -,  that 
they  do  full  justice  to  the  solicitude  of  the  minister  of 
vol.   i.  58 


460  SU1TLEMEJNT.  [June  21, 

France,  for  the  advancement  of  the  mutual  interests 
of  his  most  christian  majesty  and  these  United  States, 
and  see  with  pleasure,  in  the  warmth  with  which  he 
urges  measures  evidently  calculated  for  the  immediate 
advantage  of  these  states,  the  intimacy  of  the  union  of 
the  allied  powers. 

And  whereas  Congress  did,  in  behalf  of  the  United 
States,  assure  his  most  christian  majesty,  by  their  act 
of  31st  January  last,  that  they  would  bring  into  the 
field  twenty-five  thousand  men,  exclusive  of  officers, 
and  at  the  same  time  solicit  a  naval  force  to  co-operate 
against  the  common  enemy  :  and  whereas  advice  has 
been  received  from  the  court  of  France,  that  his  most 
christian  majesty,  in  compliance  with  the  solicitations 
of  Congress,  hath  not  only  directed  a  considerable 
naval  force  to  repair  to  North  America,  but  hath  sub- 
joined thereto  a  respectahle  body  of  land  forces  :  and 
v/hereas  Congress  in  consequence  of  their  engagements 
by  their  act  of  February  last,  did  call  on  the  several 
states  to  complete  their  quota  of  troops  to  the  esta- 
blishment mentioned  in  the  said  act;  which  quota  they 
have  since,  from  the  disaster  of  Charleston,  found  it 
necessary  to  increase,  and  have  accordingly  approved 
the  requisitions  of  their  committee  at  head  quarters  : 
and  whereas  none  of  the  states,  whose  battalions  were 
deficient,  have  yet  sent  on  their  recruits  to  com- 
plete the  same,  nor  afforded  any  assurances  that  the 
requisitions  of  Congress  and  their  committee  'will 
be  complied  with  :  and  whereas  the  execution  of  the 
above  requisition  will  be  extremely  hazardous  and  ex- 
pensive, unless  the  further  demands  of  Congress  and 
their  committee,  for  provision,  are  punctually  complied 
with :  Therefore, 


1780.]  SUPPLEMENT. 

Resolved,  That  the  said  states   be  requested  expli- 
citly, and  without  the  least  delay,  to  inforan  Coi)B*M 
how  far  they  may  rely  upon  their  furnishing  the 
ral  supplies  of  men,  money  and  provisions,  called  for 
by  Congress  or  their  committee  at  head  quart*  I  -. 

And  whereas  the  legislatures  of  many  of  ihc  I 
States  are  not  now  convened,  though  earnestly  request- 
ed by  Congress  to  continue  their  sessions,  or  to  vest  in 
some  person  such  powers  as  would  enable  them  on  the 
requisition  of  Congress  or  their  committee,  to  draw 
forth  the  military  resources  of  the  state  :  and  whereas 
Congress  are  not  fully  informed  whether  their  magis- 
trates are  so  empowered  : 

Resolved,  That  the  supreme  executive  magistrate 
in  each  state,  where  the  legislature  is  not  now  conven- 
ed, be  requested  immediately  to  inform  Congress  what 
measures  they  have  taken,  or  empowered  to  take,  in 
compliance  with  the  above  requisitions  of  Congress,  in 
order  that  Congress,  whose  duty  it  is,  may  provide 
that  effectual  measures  be  taken  that  every  state  in  the 
union  contribute  their  quota  to  the  common  defence. 

Resolved,  That  the  executive  magistrate  of  every 
state  be  requested  to  correspond  weekly  with  the  com- 
mittee of  Congress  at  head  quarters,  advising  them  of 
the  measures  actually  taken  from  time  to  time  in  pursu- 
ance of  the  above  recited  requisitions  of  Congress  and 
their  committee. 

JULY  24,  1780. 

To  follow  proceedings  of  July  14,  1780.     Page   149 

On  a  report  from  the  board  of  war, 
Resolved,  That  the  board  of  war  and  ordnance  be  au- 
thorized and  directed  to  procure,  with  all  possible  des- 


462  SUPPLEMENT.  [Aijg.  5, 

patch,  six  hundred  and  fifteen  tons  of  shot  for  battering 
cannon,  and  nine  hundred  and  forty-seven  tons  of  shells, 
of  such  sizes  as  they  shall  deem  proper,  according  to 
the  requisitions  made  by  the  commander  in  chief. 

JULY  25,  1780. 

Resolved,  That  to  enable  the  board  of  war  to  exe- 
cute the  authority  vested  in  them  by  the  resolution  of 
the  24th,  for  the  purpose  of  shot  and  shells,  they  be 
supplied  with  the  sum  of  four  millions  of  dollars  ;  and 
that  they  be  authorized  to  contract  for  the  whole  quan- 
tity of  shot  and  shells  mentioned  in  the  resolution 
aforesaid,  on  the  best  terms  possible  ;  and  agree  on 
behalf  of  the  United  States,  to  make  payment  in  spe- 
cie, or  an  equivalent  in  the  currency  of  these  states, 
at  such  periods  as  shall  be  mutually  agreed  on  be- 
tween the  said  board  and  the  manufacturers,  with  in- 
terest at  six  per  cent,  per  annum,  from  such  times  as 
shall  be  fixed  on  by  the  said  board. 

That  the  said  board  be  furnished  with  the  further 
sum  of  four  hundred  and  thirty-five  thousand  dollars, 
for  the  purpose  of  procuring  the  articles  of  military 
stores  enumerated  in  their  second  estimate  of  the  24th 
instant. 


AUGUST  5,  1780. 
To  follow  proceedings  of  August  2,  1780.    Page  151. 
On    the  report  of  a  committee,   appointed   to   take 
into  consideration    the  state  of  South   Carolina  and 
Georgia, 

Resolved,  That  the  commander  in  chief  be  informed, 
it  is  the  sense  of  Congress,  the  land  and  naval  forces, 
as  well  of  his  imst  christian  majesty  as  these  United 


1780.]  SUPPLEMENT.  « 

States,  or  such  part  there  of  as  he  shall  think  nccei 
be  employed  in  the  manner,  and  at  the  time  that  shall 
appear  to  him  most  convenient  for  the  expulsion  of 
the  enemy  from  their  several  posts  in  the  states  of 
South  Carolina  and  Georgia;  and  that  he  concert  with 
the  officers  commanding  the  fleet  and  army  of  his  most 
christian  majesty,  the  proper  measures  for  this  purpose, 
and  carry  such  measures  into  execution,  so  as  not  to 
interfere  with  any  plan  of  operation  formed  against  the 
enemy,  as  the  more  immediate  objects  of  the  present 
campaign. 

That  the  commander  in  chief  (if  he  shall  think  it 
necessary)  concert  with  the  proper  officers  and  minis- 
ters, such  plan  of  operations  to  be  undertaken  by  any 
other  of  his  most  christian  majesty's  forces,  or  by  the 
forces  of  his  catholick  majesty  now  combined  in  the 
West  Indies,  or  to  be  drawn  from  the  province  of 
Louisiana,  or  elsewhere,  as  may  either  immediately,  or 
in  their  effect,  facilitate  or  assist  the  proper  enterprise. 

That  Congress  will,  so  soon  as  they  shall  be  pro- 
perly informed  by  the  commander  in  chief,  make  the 
necessary  requisition  from  the  states  for  supplies,  and 
afford  every  other  aid  and  assistance  in  their  power  for 
promoting  and  effectually  prosecuting  the  undertaking. 

That  the  recruits  now  raising  in  the  state  of  Vir- 
ginia, for  filling  up  their  quota  of  continental  troops, 
be  marched  as  soon  as  possible  to  join  the  southern 
army  under  the  command  of  major  general  Gates. 

AUGUST  15,  1780. 

To  follow  proceedings  of  August   12,1780.     I 
Resolved,  That  the  hills  of  exchange  directed  lo  be 
prepared  by  the  resolution  of  the  9th,  on  the  honoura- 


464  SUPPLEMENT.  [Aug.  23, 

ble  Benjamin  Franklin,  minister  plenipotentiary  at  the 
court  of  Versailles,  to  the  amount  of  one  hundred 
thousand  dollars,  specie,  be  filled  up  by  the  commis- 
sioner of  the  continental  loan-office  for  the  state  of  Penn- 
sylvania, and  made  payable  to  Joseph  Clay,  deputy  pay. 
master  general  in  the  southern  department,  or  order. 

That  the  said  bills  be  transmitted  to  the  said  Joseph 
Clay,  to  be  sold  at  par  for  specie,  or  bills  emitted 
agreeably  to  the  resolution  of  the  18th  of  March  last, 
or  for  other  moneys,  agreeably  to  the  instructions  of 
the  board  of  treasury,  or  to  be  disposed  of  for  pro- 
visions and  necessaries  for  the  army,  on  the  best  terms 
that  can  be  obtained,  for  the  United  States. 

That  the  moneys  arising  from  such  sale  be  applied 
under  the  direction  of  the  commanding  officer  in  the 
southern  department,  to  the  purchase  of  provisions 
and  other  supplies  absolutely  necessary  for  the  subsis- 
tence of  the  southern  army  ;  and  that  the  said  Joseph 
Clay  be  and  hereby  is  required,  to  give  regular^and 
constant  information  to  the  board  of  treasury  re- 
specting the  sale  of  the  bills  and  the  application  of  the 
moneys  aforesaid;  and  that  the  aforesaid  Joseph 
Clay,  deputy  paymaster  general  in  the  southern  de- 
partment, be  charged  in  the  treasury  books  with  the 
aforesaid  bills,  amounting  to  the  sum  of  one  hundred 
thousand  dollars,  specie. 


AUGUST  <23,   1780. 

To  follow  proceedings  of  August  19,  1780.  Page  153. 

On  a  report  of  the  board  of  treasury,  to  whom  was 
referred  a  report  of  the  board  of  war, 


1780.]  SUPPLEMENT.  A&5 

Resolved,  That  the  board  of  treasury  be  and  hereby 
are  empowered  to  direct  Thomas  Smith,  commiitioaei 
of  the  continental  loan  office  for  the  state  ol  IYnnsyl- 
vania,  to  sell,  under  their  direction,  for  specie,  the 
bills  ordered  to  be  drawn  on  the  honourable  J.  I  iy, 
which  were  reserved  for  the  use  of  the  prisoners  of 
war  of  the  United  States,  amounting  to  seventy-one 
thousand  three  hundred  and  fifty  dollars,  specie. 

That  one  half  of  the  specie  aforesaid  be  applied, 
under  the  direction  of  the  board  of  war,  for  the  purpose 
of  supplying  the  prisoners  of  war  in  the  states  of  South 
Carolina  and  Georgia. 

That  the  other  half  of  the  specie  aforesaid,  be  for- 
warded, under  the  direction  of  the  board  of  war,  to  the 
commissary"  of  prisoners,  in  the  middle  department,  for 
the  supply  of  the  prisoners  at  New  York. 

That  the  board  of  treasury  be  and  hereby  arc  cm 
powered  to  prepare  bills  of  exchange  to  be  drawn  on 
the  honourable  Benjamin  Franklin,  minister  plenipo- 
tentiary at  the  court  of  Versailles,  at  ninety  days 
sight,  to  the  amount  of  one  hundred  and  fifty  thousand 
dollars,  specie,  the  amount  of  the  estimate  from  the 
board  of  war.  That  so  much  thereof  as  will  complete 
the  estimate  of  the  board  of  war,  be  sold  for  specie, 
and  forwarded  to  the  commissaries  of  prisoners  in  the 
middle  and  southern  departments,  under  the  same  re- 
gulations, and  for  the  same  purposes  as  aforesaid  : 
the  residue  of  the  one  hundred  and  fifty  thousand  dol- 
lars to  replace  the  seventy-one  thousand  three  hun- 
dred and  forty  [fifty]  dollars  aforesaid,  be  reserved 
for  the  special  direction  of  Congress. 


466  SUPPLEMENT.  [April  19, 1781. 

AUGUST  30,  1780. 
Resolved,  That  bills  of  exchange  on  Europe  be 
prepared  by  the  board  of  treasury,  to  be  drawn  on  the 
honourable  Benjamin  Franklin,  to  the  amount  of  twen- 
ty-nine thousand  one  hundred  and  five  dollars,  specie  ; 
and  that  the  same  bills  be  transmitted  to  John  Brad- 
ford, to  be  by  him  paid  to  John  Garcia  Duarti,  in  full 
payment  of  the  eighteen  thousand  four  hundred  forty- 
one  pounds  thirteen  shillings  and  four  pence,  due  to 
him  in  continental  money  on  the  11th  May,  1773. 


OCTOBER  2,  1780. 

To  follow  proceedings  of  September  29,  1780.     Page  153. 

On  motion  of  Mr.  Henry,  seconded  by  Mr.  S. 
Adams, 

Resolved,  That  bills  of  exchange  be  drawn  on  the 
honourable  Henry  Laurens,  to  (he  amount  often  thou- 
sand pounds  sterling,  and  on  the  honourable  John 
Jay,  minister  plenipotentiary  of  the  United  States,  at 
Madrid,  to  the  amount  of  ten  thousand  pounds  sterling, 
payable  at  90  days  sight;  and  that  out  of  said  bills 
the  debt  due  to  Messrs.  Freney  and  company  be  dis- 
charged ;  and  the  amount  of  seven  thousand  pounds 
sterling,  advanced  by  Mr.  W.  Bingham,  in  part  pay- 
ment of  his  account  as  agent  of  the  United  States. 


APRIL  19,  1781. 

Attheendof  the  proceedings  of  April  19,  1781, p.  201,  add— 

"  Ordered,  that  a  copy  of  the  foregoing  report  be 
"  transmitted  to  the  general  court  of  Massachusetts,  in 
"  answer  to  their  letter  of  the  tenth  of  March  last." 


END    OF    VOL.    I. 


^ 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

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